NC0065242_Regional Office Historical File Pre 2018 (9)

Water Resources
ewmoofmeNTAL ciumm
Certified Mail # 7015 1520 0002 6880 2551
Return Receipt Requested
April 12, 2017
Bill Willis
Town of Grover
PO Box 1.89
Grover, NC 28073-0189
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North. Carolina General Statute (G.S.) 143-215.1(aX6
and NPDES WW Permit No, NC0065242
Town of Grover
Grover WWTP
Case No. EV-2017-0122
Cleveland County
Dear Mr. Willis:
ROY COOPER
Goiorrnar
MFCHAEL S, REGAN —
Seartary
S. JAY ZIMMERMAN
noyetor
This letter transmits a Notice ofViolation and assessment of civil penalty in the amount of $352.50 ($250.00 civil penalty +
$102.50 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 October. 2016. This review has shown the subject facility to be in violation.
of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0065242. The violations,
which occurred in October 2016,.are summarized in .Attachment A to this letter.
Based upon the above facts, I conclude as a matter of Iaw that Town of Grover violated the terms, conditions or
requirements of NPDES WW Permit No. NC0065242 and G.S. 143-215.1.(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(aX2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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:
State of North Carolina Environmental Quality 11 Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28 15
704-663-1699

$250.00 1 of the 1 violations of 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 NI137N - Conc.
S25OOO TOTAL CIVIL PENALTY
$102.50 Enforcement Costs
$352.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into accountthe Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. I (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 of the following:
(1)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative he
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
Ibrm). Payment of the penalty will not foreclose further .enforcement action for any continuing or new vi.olation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1„617

irOption 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 and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within 30) days of receipt of this
notice. The Division of Water Resources also requjyOm1eteMbm1t the nc sed "Justification fo
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 Hearin2s:
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 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
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) 663-1.699 or via entail 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

JUSTIFICATION FOR REMISSION RJ OUEST
Case Number: LV-20I7-0122
Assessed Party: Town of Grover
Permit No.: NC0465242
County: Cleveland
Amount Assessed: $3.52.50
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 thatyou 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 ofa 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 (Le., 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 CAROL T l A.
COLINTY F CLEVEL
IN THE TIER OF ASSESSMENT
OF CIVIL PENALTIES IE AGAINST
Tow f rover
,
Grover `TP
PE
`1 NO. NC0065242
DEPARTMENT OF T N' TRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ABAHNISTRATEVE HEARIN
STIPULATION OF FACTS
CASE NO. LV-2017-0122
Having been assessed civil penalties totaling $352.50 for violation(s)as set forth in the assessment document of the Division
ision
of Water Resources dated April 12, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby" waive
the right to an a inistrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment dociunent. The undersigned further understands that all evidence presented in support of remission ofthi 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
ADD
TELEPHONE

PERM : NC0065242
FACILITY: Grover P
T VIOLATIONS)
t a4TlON.. Wall t - Effluent
lation Report
Date Month/Yr Pa rani
10d31121 1 20 Nitrogen, AM mania
Total (as N)
Concerttration
ATTACHMENT A
Town of Grover
CASE NUMBER: V-2 1 - 11 2
REGION: oar vide
COUNTY: Levetand
elated Over 1dllati
ue Vale l.lrr►I Type
3,90 5,602,
Monthly
Average
Exceeded
Penalty
Amount

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lcltr Resources
ENVOZONIKENTAlL QUAUTV
Certified Mail ' 7015 1520 0002 6984 8723
Return Receipt Requested
March 24, 2017
Bill Willis
Town of Grover
PO Box 189
Grover, NC 28073-0189
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0192
Permit No. NC0065242
Grover WWTP
Cleveland County
Dear Mr. Willis:
A review of the October 2016 Discharge Monitoring Report (DMR) for the subj
indicated below:
Limit Exceedance Violation:
Sample
Location Parameter
ROY COOPER
crx
MICHA'EL S: REGAN
seartary
5 JAY ZIMMERMAN
Dear
acilit revealed the violation
Limit Reported
Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 10/31/2016 3.9 556 Monthly Average Exceeded
N) - Concentration (C0610)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to
more than twenty-five thousand dollars ($25,000.00) may be assessed
to act in accordance with the terms, conditions, or requirements of any
143-215.1.
noted violation of North Carolina General
G.S. 143-215.6A, a civil penalty of not
against any person who violates or fails
permit issued pursuant to G.S.
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 Discharge
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 is -day period, a civil penalty
assessment may be prepared.
State of North Carolina j Envirorvnental Quality i Water Resources
610 East Center Avenue, Suite'301, Mooresville, NC 28115
704-663-1699

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.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
htt orta I .ncdenr.org/web/wq/admin/bog/ipuiedmr
If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of he
Mooresville Regional Office at 704-663-1699.
Sincerely,
i-r-A2- W. Corey Basinger, RegionalSupervisor
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
State of North Carolina Environmental Quality. Water Resources
610 East Center Avenue, Suite 301, 'Mooresville, NC 28115
704-663-1699

:cx@
PERMITS Jt»a3e
okC Cry w mNr >9n
(MC HAS gh¥GFm No
— GENII"Lq[ES STATUS: Pc a
DAN SECTION
OCATION:INFL(ENT DISCHARGE NO:001
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OFFICE

PERMIT NO.: N<00k"„212
ITV NAME: Cower "V 111
OWNER I( NAME: Town of(ifover
GRAPE: V V°-4
el)%TK PERIC)N: I0-20161(.)(( lc:r
I'I' RMIrr %s,ERSI&Y : T.
CLASS: \V ?
()RC: James Laster [3 u
()RC; HAS CHAN(:ar
VERSION: 1,0
CATION: EFFLUENT DISCHARGE NO.: 0
0010
25058
0 025
104
0021
U 0225
0.04
20225
25.5544
(1'
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Grab
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t 5.75
PERMrr STnA,T1iS: AeOve
COUNTY: C:It)1efi (n(I
OR(: (.°I:RT" NUMBER: 15939
Cm, 514 )4
1 0U111
1044 Con
LARGE*: NO
Com 125511
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'IOTA L

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er
GRADE.: w
mgKPERIOD: 1i 016 (±4«2J
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ORR Jantes_liester Davos
CH MAD: No
vERSIOr
PER'1R STATUS:
c U Cleveland
(RC CENT\ MBEp 3e9
SAMPLING LOCATION:EFFLUENT DISCHARGE NO:001 NO D1SCRAR; NO (Continue)
NoFI'Rci ENA,WItiRNo\ ya.AdverseWeather; mFLOW Noo,

OWNER NAME,: Town of (rereet'
GRADE: 'V V4'-4.
cDAIR PF'.RU)1); 10-31116 October 20161
COMPLIANCE:
OR(
The perm met. shall
yn iailc�rnritlon shL
he i)i
PERM FT VERSION: TO
CLASS: 1'F'1Vm2
ORC: Jaime, ].,ester Bove,
()RC HAS (11 \GEI): No
VERSION: 1,1)
CONTACT PHONE, #a'i0t
,lames I.reslcr
PERM l 1 S 1,AT"llti: Active
COUNTY: Cleveland
ORC C I,RT NUMBER: 15939
STATES: Processed
DATE: 1 1/30 2016
1I`e0,2016
jldav is0l?='ii.Pmztil.ctam Phone ;E:704-8l - )3 12 Date
to the bust of m
t � appropriate Regional C? tae It-
itltht 24 hours from the bane the perm
provided vnartltin 5 days of the rim the i eitiiitie he€ Dane M
Ifthc lacilila is noncompliant, please attach a list of correct
the \P1 to ran t-
7) y.c.
P ❑irt eef tabmit
ncompliance than pot II„
uhl i
ken and ;a lints tnb14 fe>r improvements to be made a, required. by .part 11,
er Davis E-Ma'il:,jIdavis))I> it
Pcrmittec Address:NCSR''3j''r (KO -over Oro er a(" 28073 Permit Expiration Date:OK/31/2
I certify..under penalty of law., that this document and, all attaclutta nts svcrt pe°cptat°eei under my direction or supervision is
10 assure that t'1utalilied personnel properly gather and evaluate the in inquiry ofthe person or Persons whor mono 10d the
nowledge and beliefs true,
1) 2016
td's pernxihle for gathering the information, the inforniati
LAB NAME
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"* ORC on Sile': ORC mus
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DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Grover
Facility Name: Grover WWTP
Permit Number: NC0065242
County: Cleveland
Case Number: LV-2017-0122
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to priv
property resulting from the violation;
2) The duration and gravity of the violation;
„11
...'.4•2:V11-' •
3) The effect n ground or surface rater quantity or quality or on air quality;
4) The cost ectifying the damage;
4
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
0+-
()Sjo.,9 ..c4rp-42-,--?'"1--d- 71a; 4-<-
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
Review of the last 12 months (October 2015 - September 2016) compliance history of the subject facility found the following
violation:
1.July 2016- 1 Monthly Violation, resulting in NOVRE
2.May 2016 — 1 Monthly Nitrogen Violation, resulting in NOVRE
3. April 2016 - 1 Weekly Nitrogen Violations + 1 Monthly Nitrogen Violation, resulting in NOVRE

8 The cost to the State f the enforcement procedui
$102.50 Enforcement Cost
1 hour staff time.... $ 4
1 hour supervisortime.... 52.56
Administrative staff post . ....... : .......:. $ 15,00
Total Enforcement Cost $ 102,50
W. Corey Basinger,Regions.l Supervisor
Water Quality Regional Operations Section
oor a vllle Regional Office
Division of Water Resources, NCDEQ