NC0065242_Regional Office Historical File Pre 2018 (8)

ROY C PER
Governor
fICHAEL S. REGAN
ecrefory
LIN A CULPEPPER
arse Threat)),
Certified Mail # 7016 170 Cl0(f 29 7092.
Return Receipt Requested
Bill Willis
Town f Grover
PO Box 189
Grover, NC 28073-0 { 89
NORTH CAt Ot INA
Environmental Quality
Novetnber
SCii3,1EC`1. 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-2018-0281.
Cleveland County
Dear Mr.
This letter transnrits a Notice of Violation and assessment of civil penalty in the amount of $360.46 ($250.00 civil penalty
$1 10,46 e'n'forcem.ent 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 August 2018. 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 August 2018, are summarized in .Attachment A to this letter..
Based upon the above facts, I conclude as a matter of law that Town of Grover violated the terms, conditions or
requirements of NPDES WW Permit No. NC0065242 and G,S. 143-2'1.5,'i(a)(6) in the manner and extent shown in
Attachment A, In accordance with the maximums established by G.S. 14:3-215.6A(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 Carolina Department of Environrnentak u
610 East Center Avenue, Supte 301, Moo
7 ©•4-663-1699
Resources

"1.
Based upon the4bove 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;
$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 Nitrogen, Ammonia
Total (as N) - Concentration
$250,00 TOTAL CIVIL PENALTY
$110.46 Enforcement Costs
$360.46 TOTAL AMOUNT DUE
Pursuant to G.S. 143-2 I5.6.A(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 extentof 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 of the following:
(I) Submit payment of the penalty, OR
Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
,fortn). 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 I43B-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 kw 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 paytnent, and
provision for further appeal ofthe 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 Hearinrr,andStipulation 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 he 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 for an administrative hearing with the Office of Administrative Hearing:
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 800 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 tiling 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 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 ET- rings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy °tithe 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 evid.encedby an internal
dateftime received stamp (not a postmark), will result in this :matter being referred to the Attorney Cienerars 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 Itivia with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at ori.tuviaAncdenr.gov.
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

JUSTCATION FOR R.f l'11iSSION R ' VEST
Case Number: LV-2018-0281
Assessed Party: Town of Grover
Permit No.: NC0065242
County: Cleveland
Amount Assessed: $360.46
Please use this form when requesting remission of this civil penalty. You must also complete the "Request ForRemission,
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. § 14:38 282,1(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. 14311-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessmentactorsare listed in the civil penalty assesssn .ant t'orwnent); • .
(b) the violator promptly abated continuing environmental damage resulting from the violation la,e., explain the
steps that you took to correct the violation and preivemjia tre occurrences!,
(c) the violation was inadvertent or a result of an accident (i_e., explain why the violation was to nrai"dable or
.something, you could not prevent or prepare forr),
(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 f°t.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance,!.
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
FHE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Grover
Grover TP
PERMIT NO. NE0065242
) W FR OF RIGHT TO AN
MINISTRATIVE HEARING AND
STIPULATION OF FACTS
1
CASE NO, LV-2018-0281
Haying been assessed civil penalties totaling $360.46 For violation(s) as set forth in the assessment document of the Division
of Water Resources dated NOV ember192018, the undersigned, desiring to seek remission of the civil penalty, does herebN
waive the right to an administrative hearing in the abovessuated 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 assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
1histhe _ day of 20_
ADDRESS
SIGNATURE
TELEPHONE

PERMIT: NC0065242
FACILITY. Grover TF
MIT VIOLATION(S)
SAMPLE LOCATION: tf 11 001 - Effluent
Violation Report
Date nthtVr Parameter
ATTACHMENT A
Town of Grover
CASE N. LV-1 -1
REGION:Mooresville
COUNTY: Cleveland
Unit of Limit Calculated Over Violation Penalty
Frequency Measure Value Value imit LimitType Amount
1// 018 8-2018 Nitrogen, Ammonia Weekly aril 3.90 6 64,0
Total (as N) -
Concentration
Monthly
Average
Exceeded
$250.00

DMR REVIEW RECORD
Ntooresvine Regional Office
Facility Name: Grover WWTP Permit Number: NC0065242
Report Period: Atmust 2018
Prior Assessments:
Enforcement Factor: 1,00
Outfall # Outfall Description Waterbody Name
Waterbody
Classification
001 Effluent to Jakes Branch
Jakes Branch
Monthly Average Violations
Sample Location: Outfall 001 - Effluent
Violation
Date Parameter
8/31/2018 Nitrogen, Ammonia Total (as N) -
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Weekly mg11 3,90 6.40 64 0
Other Violations/Staff Remarks:
Supervisor Remarks:
Completed by:
Assistant Regional
Supervisor Sign -off:
Regional Supervisor
Sign -off:
Date:
Date:
Date:
Action
30
Page 1 of 2

Prior 12-1onth Enforcement tlistory
Permit umber: N('0065242
Report Period: August 2Q18
Limit Violation
Swipe Location: °Wall 001 - Effluent
Violation Report
Date Period Parameter
Violation
Type
NOD
NOV CPA
5131/2018 5-2018
Nitrogen, Ammonia Total Ms
N) - Concentration
Monthly Average
Exceeded
NOV-2018-LV-0630 L1.2018-0222
773112018 7-2018
913012017 9-2017
Nltrogen, Ammonia Total (as
N) - Concentration
Nitrogen, Ammonia Total (as
N) - Concentration
Monthly Average
Exceeded
Monthly Average
Exceeded
Other Viol Ion
NOV-20184N-0762
NOV-2018-LV-0028
Sample Location:
Violation Report
Date Period Parameter
Violation
Type NOD
NOV
CPA
12113/2017
127112017
Violation detected
during inspectMn
Violation detected
during inspection
NOV-2017-PC.0723
NOV-2017-PC-0723
12/112017
Violation detected
during inspection
NOV-2017-PC-0723
1211312017
12113/2017
Violation detected
during insoecton
NOV-20174pC-0723
Violation detected
during inspection
NOV-2017-P0-0723
12/13/2017
Violation detected
during inspection
NOV-201'7-PC-0723
Page 2 of 2

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Grover
Facility Name: Grover WWTP
Permit Number: NC9065242
County: Cleveland
Case Number: LV-2018-0281
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;
ad-
2) The duration and gravity of the vio ation;
ijrc
3) The effect on ground or surface water quantity or quality or n al
4) The cost of reetifying 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
September 2017 — 1 ammonia monthly Average NOV
May 2018 — 1 ammonia monthly Average — NOI/CPA
July 2018 - 1 ammonia monthly Average NOV

8) The crest to the State of the enforcement procedures.
S110.46
Fnforcernent Cost.
1 hour staff time:........:
1 hour supervisor
Administrative /CO staff cost....
Total enforce]
Date
37.74
57.72
15.0
ent cost 11OE46
orev Ramage giona upervisor
r Quality ° Regional Ope ionSection
Mooresville Regional Office
Divisionof Water Resources, NCDEQ