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HomeMy WebLinkAboutNC0072877_enforcement LV00-448, LV 00-483, LV 01-011_20020530Michael F. Easley, Governor William G. Ross, Jr., Secretary north Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality May 30, 2002 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 m1 %A _f a JUN - 6 2002 Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16865 in the amount of $648.75 received from you dated May 30, 2002. This payment satisfies in full the civil assessment levied against the subject facility and these cases have been closed. Payment of this penalty in no Way precludes future action by this Division for additional violations of the NPDES Permit. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, lyt-- E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/rf cc: FRO Regional Office Supervisor Enforcement/Compliance Files Central Files 20 NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross,•Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality April 10, 2002 The Honorable William E. Wilson, Mayor - Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 CAPR 2002 ,r Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge.receipt of check No. 16721 in the amount of $648.75 received from you dated April 10, 2002. This payment is the eleventh of twelve scheduled payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at'(919) 733-5083. Sincerely, l 4..,,,E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/th Enforcement/Compliance Files Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7016 NCDENR Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality February 8, 2002 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton.Grove, North Carolina 28366 MAR 2 2 200Z Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO07287 Town of Newton Grove WWTP Sampson County - Case Numbers ,LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16660 in the amount of $648.75 received from you dated March 6, 2002. This payment is the1gW&MJJ1Zk&Z0eduled payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please. call Vanessa Manuel at (919) 733-5083. F non Langley, Supervi ource Compliance/En i ESL/rf cc: Enforcement/Compliance Files Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Unit NCDENR Customer Service 1 800 623-7748 i Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality February 8, 2002 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 FEB 1 3 2002 1 Subject: Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16589 in the amount of $648.75 received from you on February 8, 2002. This payment is the ninth of twelve scheduled payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc FBfJ�Rg'oi"(na3eeSupe v so Enforcement/Compliance Files Central Files IV I NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources January 17, 2002 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality Subject: Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP JAN 2 8 2002 Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16540 in the amount of $648.75 received from you on January 17, 2002. This payment is the i iwvve scl'edul payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, 6e T E. Shannon Langley, Supervisor l/ Point Source Compliance/Enforcement Unit ESL/sl cc:FitO RegionalOff ceySupeviso` Enforcement/Compliance Files Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 ��A NCDENR Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources December 11, 2001 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 016462 in the amount of $648.75 received from you on December 04, 2001. This payment is the seven of twelve scheduled payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, 1 E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc: —FRO-Regional-Offce�SupeT--v sor Enforcement/Compliance Files Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 NCDENR Customer Service 1 800 623-7748 X141I j r 3' *V� Michael F. Easley, Governor William G. Ross, Jr., Secretary_ f North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality November 14, 2001 g `j H.mFRO, The Honorable William E. Wilson, Mayor Town of Newton Grove r Nrn 2 1 2001 Post Office Box, 4 j Newton Grove, orth Carolina 28366 Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Sampson County Case Number Dear Mayor Wilson: This letter into acknowledge receipt of check No. 16385 in the amount of $648.75 received from you on November 07, 2001. This payment is th scheduled payments established in order to settle civil penalties assessed in the matter of cases - -448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc: FRO_Regional Office.Supervisor Enforcement/Compliance Files Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 NCDENR Customer Service 1 800 623-7748 r VqA?;. > ski\`'i••.,`.`:�a:` •`•:•`.?;2','•' The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources October 12, 2001 Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 OCT 2.5 2001 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16307 in the amount of $648.75 received from you on October 01, 2001. This payment is the@e1 e _r; heduled payments established in order to settle civil penalties assessed.in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc: FRO Regional Offc• e Supervisor Enforcement/Compliance Files Central Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 4 VIEW, NGDENR Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality September 18, 2001 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 Subject Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: Nq OCT 4 2001 d This letter is to acknowledge receipt of check No. 16254 in the amount of $648.75 received from you on September 10, 2001. This payment is th f c+�:. twc s heduled payments established in order to settle civil penalties assessed in the matter of es -448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc: FRO Regional -Office -Supervisor--•--:-' Enforcement/Compliance Files Central Files AM- NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph. D., Acting Director Division of Water Quality August 31, 2001 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 Subject: Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, LV 01-011 Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16233 in the amount of $648.75 received from you on August 28, 2001. This payment is th three cif twel e heduled payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc:19FRional Office Super-vl� sores Enforcement/Compliance Files Central Files NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources July 20, 2001 The Honorable William E. Wilson, Mayor Town of Newton Grove - Post Office Box 4 Newton Grove, North Carolina 28366 KerrT. Stevens, Director Division of Water Quality 'JUL 3 0 2001 ®0 Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483, 9, Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16128 in the amount of $648.75 received from you on July 17, 2001. This payment is �c�e_r, payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc: �F+ etxion° �er�vlsor Enforcement/Compliance Files Central Files SPA NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary. i Kerr T. Stevens, Director May 23, 2001 The Honorable William E. Wilson, Mayor Town of Newton Grove Post Office Box 4 Newton Grove, North Carolina 28366 FRO 1•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Request for a Payment Schedule for Civil Penalty Assessment Town of Newton Grove WWTP Case Numbers LV 00-448, LV 00-483, LV 01-011 NPDES Permit Number NCO072877 Sampson County Dear Mayor Wilson: The Town has requested a schedule for making partial payments toward the $7,785.11 civil penalty assessed by the Division of Water Quality on October 20, 2000, December 1, 2000, and January 12, 2001. The Department is agreeable to entering into an agreement with the Town through which regular payments will be made beginning June 29, 2001 and continuing through May 31, 2002. You agree that beginning June 29, 2001 and continuing through April 30, 2002, to pay $648.75 each month. By May 31, 2002, you agree to pay the balance in the amount of $648.86. The payments should be made by check, payable to the Department of Environment and Natural Resources. Mail the payments so they are received by the last business day of each month, as indicated on the enclosed attachment. Please include the enforcement. case numbers (LV 00-448, LV 00-483, LV 01-011) with each payment. Failure to make the monthly payments in accordance with the above schedule will cause the entire unpaid balance of the civil penalty to be due and subject to collection through a civil action in the superior court. Please mail payments to the following address: Attn: E. Shannon Langley Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleigh, N. C. 27699-1617 Telephone 919.733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper a If you agree with the terms of the schedule of payments, you should indicate your acceptance by signing the attached civil penalty assessment payment schedule in the space provided and return the signed copy with the first payment. If you have any questions, please call Vanessa Manuel at (919) 733-5083, ext. 532. Sincerely, 'A E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ATTACHMENT cc: Enforcement Files LV 00-448, LV 00-483, LV 01-011 Fayetteyill nRegionW =u; er=uisor- i " CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE Town of Newton Grove WWTP Case Numbers LV 00-448, LV 00-483, LV 01-011 NPDES Permit Number NCO072877 On October 20, 2000, December 1, 2000, and January 12, 2001, the Director, Division of Water Quality (DWQ), assessed civil penalties in the amount of $2,512.19, $2,325.21, and $2,887.71, including $72.19, $75.21, and $75.21 in investigative costs respectively, against the Town of Newton Grove WWTP for discharging wastewater in violation of permitted limits into the waters of the State. On May 22, 2001, the Division received a request from the Town of Newton Grove for a payment schedule. In order to resolve this matter, DWQ and the Town of Newton Grove agree to enter into a payment schedule to settle the above -described civil penalties for the violations contained in each civil penalty -assessment document. The Town of Newton Grove agrees to pay the total civil assessment of $7,785.11 as per the terms below as full settlement of Case Numbers LV 00-448, LV 00-483, and LV 01- 011 and understands that any default in payment or failure to submit payment by the day of the month in which payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts. The Town of Newton Grove also acknowledges'that DWQ reserves the right to take enforcement action against the Town for future violations within its authority should they occur. PAYMENT AMOUNT DATE DUE DATE PAID $648.75 June 29, 2001 $648.75 July 31, 2001 $648.75 August 31, 2001 .$648.75 September 28, 2001 $648.75 October 31, 2001 $648.75 November 30, 2001 $648.75 December 31, 2001 $648.75 January 31, 2002 $648.75 February 28, 2002 $648.75 March 29, 2002 $648.75 April 30, 2002 648.86 May 31, 2002 $7,785.11 Payments should be by check made payable to "NC Dept. of ENR" and should be submitted to the attention of E. Shannon Langley at the address below: Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mayor William E. Wilson Date E. Shannon Langley, Supervisor Date Point Source Compliance/Enforcement Unit North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor Sherri Evans -Stanton, Acting Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY January 12, 2001 The Honorable William E. Wilson The Mayor of The Town of Newton Grove P.O. Box 4 Newton Grove, N.C. 28366 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO072877 Town of Newton Grove Wastewater Treatment System Case No. LV 01-011 Sampson County Dear Mayor Wilson: NCDENR This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,887.71 ($2,812.50 civil penalty + $75.21 enforcement costs) against the Town of Newton Grove. This asessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Newton Grove for -the month of SEPTEMBER 2000. -This review has shown the subject facility to be in violation of the discharge limitation requirements found in NPDES Permit NC0072877. The violations which occurred in SEPTEMBER 2000 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Newton Grove violated the terms, conditions or requirements of NPDES Permit NCO072877 and N.C.G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty, in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). 225 GREEN STREET - SUITE 114 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR.STATE.NC.US/ENR/ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 r r c�.;>''' ✓. Michael F. Easley, Governor Gj William G. Ross, Jr.; Secretary r `• i North Carolina Department of Environment and Natural Resources f' •`'"''`"'`"`"'" 1 Kerr T. Stevens, Director •'•\ ti:i : v ktiv::•:tiiv....... `' Division of Water Quality June 21, 2001 LU C-- The Honorable William E. Wilson, Mayor JUG722001 t Town of Newton GrovePost Office Box 4 1 k 4 Newton Grove, North Carolina 28366—�-�--- Subject : Payment Acknowledgment Civil Penalty Assessment NPDES Permit Number NCO072877 Town of Newton Grove WWTP Sampson County Case Numbers LV 00-448, LV 00-483AMAM21111b Dear Mayor Wilson: This letter is to acknowledge receipt of check No. 16046 in the amount of $648.75 received from you on June 12, 2001. This payment is the _0 r.. e O scheduled payments established in order to settle civil penalties assessed in the matter of cases LV 00-448, LV 00-483 and LV 01-011. Payment of this penalty in no way precludes future action by this Division for additional violations of the NPDES Permit. If you have any questions, please call Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit ESL/sl cc: FRO Regional Office Supervisor Enforcement/Compliance Files Central Files NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 orth Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor Sherri Evans -Stanton, Acting Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY January 12, 2001 The Honorable William E. Wilson The Mayor of The Town of Newton Grove P.O. Box 4 Newton Grove, N.C. 28366 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO072877 Town of Newton Grove Wastewater Treatment System Case No. LV 01-011 Sampson County Dear Mayor Wilson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,887.71 ($2,812.50 civil penalty + $75.21 enforcement costs) against the Town of Newton Grove. This asessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by the Town of Newton Grove for the month of SEPTEMBER 2000. This review has shown the subject facility to be in violation of the discharge limitation requirements found in NPDES Permit NC0072877. The violations which occurred in SEPTEMBER 2000 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Newton Grove violated the terms, conditions or requirements of NPDES Permit NCO072877 and N.C.G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty, in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). 225 GREEN STREET- SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENR.STATE.NC.US/ENR/ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Paul E. Rawls, Division of Water Quality Regional Supervisor for the Fayetteville Region, hereby make the following civil penalty assessment against the Town of Newton Grove: $ 1,250.00 For -L of the -L violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0072877, by discharging waste into the waters of the State in violation of permit monthly average effluent limits for BOD. $ 312.50 For _1 of the I violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0072877, by discharging waste into the waters of the State in violation of permit weekly average effluent limits for BOD. $ 1,250.00 For-]— of the --l— violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0072877, by discharging waste into the waters of the State in violation of permit monthly average effluent limits for NH3 as N.. $ 2,812.50 TOTAL CIVIL PENALTY, which is 3.75 percent of the maximum penalty authorized by G.S. 143- 215.6A. $ 75.21 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 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 days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 3. Submit a written request for an administrative hearing: . If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 md Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn, General Counsel Department of Environment and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 Failure to exercise one of the options above within this days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Fayetteville Regional Office at (910) 486-1541. (Date) ATTACHMENTS Paul E. Rawls Water Quality Regional Supervisor Fayetteville Region Division of Water Quality cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments BOD NH3 as N :m * Values assessed ATTACHMENT A TOWN OF NEWTON GROVE NPDES PERMIT NUMBER NC0072877 CASE NUMBER LV 01-011 SEPTEMBER 2000 Reported Value Lund 8.15 * 5.0 2.77 * 2.0 Unit MG/L MG/L Reported Value Limit 'Units 15.8 * 7.5 MG/L STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. NC0072877 TOWN OF NEWTON GROVE WWTP DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 01-011 Having been assessed civil penalties totaling %2;887.71 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated January 12, 2001 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated 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 Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after the 30 days from the receipt of the notice of assessment. This the day of 32001 By TELEPHONE EFFLUENT NPDES PERMIT NO. HARGE NO. 0 0 1_ MONTH uMll FACILITY NAME jJ112alzown CLASS TT COUN' Y SAMPSON OPERATOR IN RESPONSIB E CHARGE (ORC) TTM RAT I,ANC E. GRADE�E 9•1 �I PHON-0)--5-, lg-r=9-�-2 CERTIFIED LABORATORI (1) VANN T ARnRATnRT s ('-) CHECK BOX IF OR C HAS (j{_ >`U ` s ' SON(S) COLLECTING SAMPLES TTM RAT LANCE Mail ORIGINAL and O VE C PY to: ATTN: CENTRAL FILES DIVISION OF WATER ALIT a• f; r r l CJvv x (SIG T RE OF OPE A O N SPONSIBLE `ft HARGE) C,:=. « DATE 1617 NLAIL SERVICE CEN BY HIS IGNATLiRE, I CERTIFY THAT THIS REPO .x IS3µ1 u' RALEIGH, NC 27699-1617 w -" "" ; `' /:'' • ' A CL7 TE AND COMPLETE TO THE BEST OF NIY KNOWLEDGE. 50050 0001' 00400 '50060 1 0 310 006C 00530 1 31616 00300 00600 00665 * FLOW br ENTER PARAMETER CODE ABOVE `c F a z v ,� - W :� IAI z Lz7 O NAME AND [NITS BELOW y` v ^ INF ❑ �. G CL z z U Li E-!] and ❑ NIG/L HRS HRS Y/B/N NIGD o C UNITS IJ UG/L MG/L MG/I. NIG/L #/100ML NIG/L MG/L MG/L 5 ... .7 +.L,6 6� a .U�. 2 �►•V 'c� �C �:. s 5 ....... ....... ....... ....... to lS G,3 O.ca ?& ...... ....... . 12 G .a C, o yy ! . f ? ....... , � c ... ... . 13 G`;Yx� <:d :::.: :; �jfIJSjCi ::35,: �:.: ;:. ,. -.:' ..:::':::::.:.::::•.:.:::::::: • :'::'.::::::::.::.:': c:c?:.;:.:;; :. ':::::::::::: ;.:' .:::::.:.:.: � .::..:.:. ,::::.:..:.: :.:.:.:..:,:;:.:;:: 14 o` ............................................................... 16 G 5-6 .::.:.:::::::.::.:':::::::::.d..r l `7 7 J is CAW....° . 20 ,1G �, o S � 1,01 -C 24 /, —O 0,5 6?S 28 6,SJO Sy AVERAGE MINIMUM 0 c "e €icra Monthly Limit `Z DWQ Form MR-1 (01/00) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements qz, F-1 Compliant Er Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." WILLIAM E. WILSON Permitt e (Pleaseprintor type) D Si nature of Permittee** Date (Required) P_G_ BOX 4,NEWTON GROVE, N, c, 23166 (910) 594"M27 July 31 2001 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 .Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wgs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. Ell f * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .02.04. -� ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) Fast Track Worksheet Case Number 1011 Facility Name INEWTON GROVE (TOWN) - WWTP Permit Number INCO072877 Previous Case Statutory Maximun $25,000 in the Last es per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = 01 02 0 3 0 4 0 5 0 s LI.25 1.25 CHD Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty 1 1 BOD Monthly/Quarterly $1000 1.25 $1250.00 avg 1 1 BOD Weekly avg/daily $250 $312.50 max 1 . 1 NH3 as N Monthly/Quarterly $1000 $1250.00 i 3 Grand Total Penalty $2812.50 Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 3.75 Comments DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Town of Newton Grove Wastewater Treatment Plant County: Case Number: LV 01-011 (SEPTEBER 2000) 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 violation; (X) not .c' n ifcant ( ) moderately s4gni a .ant () s4enifican () very sign cant () extremely sientficant 2) The duration and gravity of the violation; ( ) not sci i cant (X) moderately significant O ien4ficant O very �significant ( ) extren2dy s4gnia ant 3) The effect on ground or surface water quantity or quality or on air quality; (X) not sign cant O moderately ss4gnifican sygnjficant ( ) very significant ( ) extremely significant 4) The cost of rectifying the damage; (X) not sign cant ( ) moderately s4eni icant O sivificant ( ) ve ;v sign cant ( ) extremely si4n�cant 5) The amount of money saved by noncompliance; ( ) not .c4gn4fi.ant (X) moderateZLsign4ficant () sign�fint () very significant ( ) extremelisignifi_ 6) Whether the violation was committed willfully or intentionally; (X) not signifian ( ) moderatej)�,cigruificant ( ) signnifican ( verv.cign�ficant ( ) extremelysign�ficant 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 ( )not sign flcant (X) moderately sign' .ant ( ) signs ant ( ) yet:ysign4 a ant ( ) extremely significant 8) The cost to the State of the enforcement procedures. (X) not sign cant ( ) moderately significant ( ) ssen4flcant ( ) very sign cant ( ) extremely signs scant Date REMISSION FACTORS Paul E. Rawls ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Kerr T. Stevens