NC0072877_LV-2021-0254 Response_20211025

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.
NC0072877 Town of Newton Grove
Newton Grove WWTP
Case No. LV-
2021-0254
Sampson
County RECEIVED
OCT 252021
NCDEQ/DWR/NPDES
The summer of 2019 and 2020 the bearings went out on the mixer in the aeration
basin. The Town invested around $10,000.00 each time to repair the system. Pumps
and equipment had to be rented and the cost of fuel and operation. This year we
changed the operations of the aerator to save the bearings. In the process of adjusting
the pulley size the air supply was to low to treat the water. As temperatures change so
does air requirements. I have also reached out to Charles Underwood to get an
estimate on replacing the aerator. Looking at the past NOVs and eDMR you can see
the Newton Grove is moving in the right direction. In the past the plant was out for
weeks on more than one parameter. As the town continues to work to make the repairs
paying fines will only make it harder on the town. We are asking that no fine be
imposed on the town for this NOV. The town continues to work toward fixing the
problem with the aging system. See the attachments and let us know should you have
any questions.
Glenn Holland

.gAry
ROY COOPER
Governor 4
ELIZABETH S.BISER 5t
Secretary .:«...eP
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail#7020 0090 0001 7206 5469
Return Receipt Requested
September 23,2021
Stephen Jackson,Mayor RECEIVED
Town of Newton Grove O C T 2 5 2021
PO Box 4
Newton Grove,NC 28366-0004
NCDEQIDWRINPDES
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.NC0072877
Town of Newton Grove
Newton Grove WWTP
Case No.LV-2021-0254
Sampson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$378.28($250.00 civil penalty
+$128.28 enforcement costs)against Town of Newton Grove.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Town of Newton Grove for the month of April 2021. 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.NC0072877.
The violations,which occurred in April 2021,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Newton Grove violated the terms,conditions or
requirements of NPDES WW Permit No.NC0072877 and G.S. 143-215.1(a)(6)in the manner and extent shown in
with the maximums established byG.S. 143-215.6A a 2 a civilpenaltymaybe assessed
Attachment A. In accordance ( )�
x
against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a).
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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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0254 County: Sampson
Assessed Party: Town of Newton Grove
Permit No.: NC0072877 Amount Assessed: $378.28
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 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:

f
ATTACHMENT A
Town of Newton Grove
CASE NUMBER: LV-2021-0254
PERMIT: NC007
2877
REGION: Fayetteville
FACILITY: Newton Grove WWTP COUNTY: Sampson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/30/2021 4-2021 Nitrogen,Ammonia Weekly mg/I 2 6.52 226.3 Monthly $250.00
Total (as N) - Average
Concentration Exceeded

ROY COOPER 11''
Governor `,
DIONNE DELLI-GATTI
Secretory �`°..v."
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
May 10, 2021
CERTIFIED MAIL#: 7015 0640 0007 8168 9114
RETURN RECEIPT REQUESTED
Stephen Jackson, Mayor
Town of Newton Grove
P. O. Box 4
Newton Grove,NC 28366
Subject: Settlement Agreement
Town of Newton Grove
Permit NC0072877
Enforcement Case#: LV-2020-0151,LV-2020-
0164, and LM-2020-0028
Dear Mr. Jackson:
This letter is to confirm that the Division of Water Resources has agreed to settle Case Numbers LV-
2020-0151,LV-2020-0164 and LM-2020-0028 against the Town of Newton Grove for the amount
of$2044.76($1660.00 penalty plus $128.28 in enforcement costs).
Case Number Original Penalty Reduced Penalty Enforcement Cost Total Due
LV-2020-0151 $1,375.00 $1,100.00 $128.28 $1228.28
LV-2020-0164 $525.00 $420.00 $128.28 $548.28
LM-2020-0028 $175.00 $140.00 $128.28 $268.20
TOTAL $2044.76
Please submit payment within thirty(30) days of receipt of this letter. Payment should be by check
payable to "NCDEQ". Please note the case numbers on the check and send the payment to the
attention of Ms. Wren Thedford at the address below:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
North Fayetteville CarolinaRegiona Department of225 EnvironmentalGreenStreet QSuiteuality714 I Division of WaterFayettevilleNorth ResourcesCarolina
NORTH CAROL i DE4
, . 28301
tlinprImat a V 910.433.3300

Furthermore,the Town of Newton Grove understands that default in payment or failure to submit
payment as per the terms of this agreement will cause the outstanding balance to immediately
become due and the collection of the balance will be pursued through the courts.The Town of
Newton Grove also acknowledges that the Division reserves the right to take enforcement action
against the facility for additional violations should they occur.
If you have questions,please contact me at 910-433-3326,or via e-mail mark.brantley(aincdenr.gov .
Sincerely,
—DocuSigned bfywM1/.g,C.+'�-
1
‘•—•E4E1A9691 D8248E...
Mark Brantley,Assistant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources,NCDEQ
cc: Fayetteville Regional Office,NPDES Laserfiche Files
North Carolina Department of Environmental Quality I Division of Water Resources
D E -;-) Fayetteville Regional Office 1225 Green Street.Suite 714 I Fayetteville,North Carolina 28301
Owl.**01 6ninanre^""Nal die." 910.433.3300

Town of Newton Grove
PO Box 4,
Newton Grove,NC 28366
910-594-0827
Violation LV-2020-0151
Town of Newton Grove—NC0072877
June 22, 2020
The Towns waste water treatment plant aeration basin was out of service due to a bearing going
bad. The rotor was removed when the bearing was removed and the shaft was found to be
damaged also. Due to the damage, the plant had to be operated without air while repairs to shaft
could be made. ORC (Glenn Holland)notified the Fayetteville office of the problem. Pumps
where set up to try and keep plant from going septic but were unable to keep the DO's high
enough to maintain good treatment. The town invested more than$10,000.00 in the project.
Parts,pump rental, and fuel cost. NCRWA was also contacted to seek advice on how to bring
DO back up in plant as well as other DWR employees. For this reason,the Town of Newton
Grove is requesting that all fines be dropped so the funds can be used for the upgrade and repairs
to plant equipment. The town has included funds in the 2020/2021 budget to do more work on
the aerator at the wastewater treatment plant. Please see attached invoices from Charles
Underwood and Xylem pump rental.
Thank you,
fig`7<4%, ?‘A2 .te
Glenn Holland ORC
4

Charles R. Underwood, Inc. Invoice # 21840
2000 Boone Trail Road Date: 7'2.9 20l t)
Sanford, NC 27330
Phone: [phone]
Fax: [phone]
Bill To
Job Location .
Newton Grove.Town of WWTP
,PO Box 4
Newton Grove,NC 28366 27721
•
Terms Date Completed
P.O. No. __
•
Net 10 r __ _.
Description _
Qty Rate L Amount
-Provided field technician to remo\c and replace bearings on Lakeside
Magna Rotor
I 3,'_42.40. 3;Z42.41)f
Materials to complete the above scope of work: 1 3.272.40, 3.242.40T
Labor and equipment to complete the above scope of work:
9.617.13
Subtotal
1 3.350.50 3.350.50"f
Additional Work
The dead end bearing had severely worn into the shall causing clearance
issues with new hearing.due to the lead time and cost of OEM parts.the a�'eO
shaft was fabricated in our shop and installed on rotor. 2
�s)ce e\,w ct-
-Machine labor and materials to fabricate shalt to cut lead time ;ec'VA '' ()
-Provided additional Meld labor to install new shalt,bearing.and start c,�r?'1\,Ivy a�r'o
fie, ce•. ,,,^� �.
up. G,t4' „0 aY r
CIO (t\ . 3:&C":;---V.,7
Je
\cep
Sales Tax (7.0%) S907.73
Amount Due: S13,875.36
I Ile h,the`t harlc't it Ic'ndawx.wl,Inc rluni l lhcjtt pen tk p11) rice tt. ,pat:in l'ullili cm;un,r�tnl iu
1+"i.1.hcu¢c,it\lI \ccounls I'aa I)uc
Thank you for your business. Serving you is our pleasure.

Invoice
I Sold by: Branch 012 Remit to: Xylem Dewatering Solutions,Inc.
) yEle m300 Sigma Drive 26717 Network Place
Garner,NC 27529 Chicago,IL 60673-1267
Let's Solve Water Tel:[phone] Phone:[phone](opt 1)
Fax:[phone]
NOTE:Valued customers,please note the NEW remit
address change included on this invoice.
S S Cust.No. Invoice Date Invoice No.
O H
L Town of Newton Grove i Town of Newton Grove 00117677 07-18-2019 1400933634
D PO Box 4 P 489 Pork Chop Hill Rd
Newton Grove.NC 28366-0004 Newton Grove,NC 28366 Page 1 of 1
T T
O O
0 Customer PO Ordered By Contract Date Rental Contract# Sales Representative Order Taken By Payment Terms
t Pork Chop Hill Rd Glenn Holland 06-28-2019 212013445 Freddie Hudson,Jr. Freddie Hudson,Jr. Net 60
QTY ITEM DESCRIPTION PER DIWIM RATE AMOUNT
0 Rental 06/28/2019 Thru 07/25/2019r Pi LOCO
L
1 D-62604 CD150M 6"4045T290-iT4 RGT 1 NI �ngtrUr`\e1't ' 're Lip e�'ttl tkle l AGt
7 HS\NS060010QDSR 6"x 10'Black Water Suction Hose W/QD
1 IAA tag rnrcinne4 3 , t-:sca`l,Ont10
Ni 1 BNO60SBQDG000R 6"QD Step Bow
2 BN060900DG000R 6"90 Degree QD Bend 1 M - -'
ago =
— �{\ C
1 M
1 SCMS060NA000R 6"Suction Screen ;1 F:<naf•GC
• Sewer-QD
1 SCMS060NA000R 6"Suction Screen 1 to
• Low Profile
1 BAUERQDADAPTERR 6"FQD x 6"FCD adapter 1 NI
1 DZONEROLLBACK Delivery Zone-Rollback
1 ENVFEE Environmental -Tee
ALL PAST DUE INVOICES ARE SUBJECT TO Rental Labor Shipping Misc.Charges Taxes
1 1/2%PER MONTH SERVICE CHARGE S 6,709.05 $0.00 $175.00 $37.49 $484.51
Important Information:Due to fraud attempts any communication for changes of bank account Total Invoice $7,406.05
1 details have to be confirmed by a call-back with your respective Xylem contact person.

Invoice
LI e m I Sold by: Branch 012 Remit to: Xylem Dewatering Solutions,Inc.
300 Sigma Drive 26717 Network Place
Garner,NC 27529 Chicago,IL 60673-1267
Let's Solve Water Tel:[phone] Phone:[phone](opt 1)
Fax:[phone]
NOTE:Valued customers,please note the NEW remit
address change included on this invoice.
S S Cust.No. Invoice Date Invoice No.
O H
L Town of Newton Grove I Town of Newton Grove 00117677 07-19-2019 400933994
D PO Box 4 P 489 Pork Chop Hill Rd
Newton Grove,NC 28366-0004 Newton Grove,NC 28366 Page 1 of 1
T T
O 0
Customer PO Ordered By Contract Date Service Contract# Sales Representative Order Taken By Payment Terms
Install Glenn Holland 07-03-2019 212013536 Freddie Hudson,Jr. Freddie Hudson,Jr. Net 60
UNIT EXTENDED
QTY ITEM DESCRIPTION AMOUNT AMOUNT
Comments
Provided labor fo7 equipment install on 7/3/19
ALL PAST DUE INVOICES ME SUBJECT TO Rental Labor Shipping Misc.Charges Taxes
1 1/2%PER MONTH SERVICE CHARGE $0.00 $690.00 $0.00 $215.00 S 63.35
Important Information:Due to fraud attempts any communication for changes of bank account Total Invoice $968.35
details have to be confirmed by a call-back with your respective Xylem contact person.

Invoice
II
e I Sold by: Branch 012 Remit to: Xylem Dewatering Solutions,Inc.
300 Sigma Drive 26717 Network Place
Garner,NC 27529 Chicago,IL 60673-1267
Let's Solve Water Tel:[phone] Phone:[phone](opt 1)
Fax:[phone]
NOTE:Valued customers,please note the NEW remit
address change included on this invoice.
S S Cust.No. Invoice Date Invoice No.
O H
L Town of Newton Grove I Town of Newton Grove 00117677 07-19-2019 400933994
D PO Box 4 P 489 Pork Chop Hill Rd
T Newton Grove,NC 28366-0004 T Newton Grove,NC 28366 Page 1 of 1
O 0
Customer PO Ordered By Contract Date Service Contract# Sales Representative Order Taken By Payment Terms
Install Glenn Holland 07-03-2019 212013536 Freddie Hudson,Jr. Freddie Hudson,Jr. Net 60
UNIT EXTENDED
QTY ITEM DESCRIPTION AMOUNT AMOUNT
Comments
Provided labor for equipment install on 7/3/19
ALL PAST DUE INVOICES ME SUBJECT TO Rental Labor Shipping Misc.Charges Taxes
1 2 PER MONTH SERVICE CHARGE $0.00 $690.00 $0.00 $215.00 S 63.35
Important Information:Due to fraud attempts any communication for changes of bank account Total Invoice $968.35
details have to be confirmed by a call-back with your respective Xylem contact person.

Invoice
le I I Sold by: Branch 012 Remit to: Xylem Dewatering Solutions,Inc.
Mi rfl 300 Sigma Drive 26717 Network Place
Garner,NC 27529 Chicago,IL 60673-1267
Let's Solve Water Tel:[phone] Phone: [phone](opt 1)
Fax:[phone]
NOTE:Valued customers,please note the NEW remit
address change included on this invoice.
S S Gust.No. Invoice Date Invoice No.
• Town of Newton Grove I
L Town of Newton Grove 00117677 07-18-2019 400933634
D PO Box 4 P 489 Pork Chop Hill Rd
Newton Grove,NC 28366-0004 T Newton Grove,NC 28366 Page 1 of 1
r
O 0
Customer PO Ordered By Contract Date Rental Contract# Sales Representative Order Taken By Payment Terms
Pork Chop Hill Rd Glenn Holland 06-28-2019 212013445 Freddie Hudson,Jr. Freddie Hudson,Jr. Net 60
QTY ITEM DESCRIPTION PER D/W/M RATE AMOUNT
Rental 06/28/2019 Thru 07/25/2019 tteU
Ltd
C deer,0, , ,.spa\
1 D-62604 CD150M 6"4045T290-iT4 RGT 1 M ►s ltnstruR'2nt� tted ib..,th no e t- act
7 HSWS060010QDSR 6"x 10'Black Water Suction Hose W/QD 1 M . the t113t'tie arto VASCZ �'
1 BNO6OSBODG000R 6"GD Step Bow - 1 M GOVatn lOr't
2 BN060900DG000R 6"90 Degree OD Bend 1 M --,—-'-`
1 SCMS060NA000R 6"Suction Screen �O 1 fit
• Sewer-QD
-11} F atIGC
1 SCMS060NA000R 6"Suction Screen 1 IA
• Low Profile
1 BAUERODADAPTERR 6"FQD x 6"FCD adapter 1 LI
1 DZONEROLLBACK Delivery Zone-Rollback
1 ENVFEE Environmental :ee
ALL PAST DUE INVOICES ARE SUBJECT TO Rental Labor Shipping Misc.Charges Taxes
1 1/2%PER MONTH SERVICE CHARGE - $6,709.05 $0.00 S 175.00 $37.49 $484.51
Important Information:Due to fraud attempts any communication for changes of bank account Total Invoice $7,406.05
details have to be confirmed by a call-back with your respective Xylem contact person.