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?;.
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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
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NIGD
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UNITS
IJ UG/L
MG/L
MG/I.
NIG/L
#/100ML
NIG/L
MG/L
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`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