HomeMy WebLinkAboutNC0072877_LV-2017-0018_20170120Water Resources
ENVIRONMENTAL QUALITY
March 7,`2017
CERTIFIED MAIL 7010 2780 0003 4825 8506
RETURN RECEIPT REQUESTED
Gerald W. Darden
Town of Newton Grove
PO Box 4
Newton Grove, NC 28366
Dear Permittee:
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelag
S. JAY ZIMMERMAN
RECEI/Ehecla,
DEQ/DUWR
MAR 15 2017
SUBJECT: REMISSION REQ1EU1117EVILLE ROS
REEGIIONAL OFFICE
CIVIL, PENALTY ASSESSMENT
Newton Grove WWTP
Sampson County
PERMIT NO: NCO072877
CASE NO.: LV-2017-0018
I have considered the information submitted in support of your request for remission in accordance with
G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $892.81 ($750.00
civil penalty plus $142.81 enforcement) to the total amount of $142.81 ($0.00 civil penalty plus $142.81
enforcement).
Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead
address within thirty (30) days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which
is comprised of members of the Environmental Management Commission. The Committee may consider
such requests and render final and binding decisions in these matters. You may argue your request before
the Committee, and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the letterhead address
within thirty (30) days of the receipt of this letter. Your request will be placed on the agenda of an
upcoming Committee meeting, and you will be notified of the date and time. If the Division does not
receive a response regarding this notice, Division staff will automatically place your case on the agenda
of future Committee meeting.
If you have any questions, please call Brianna Young at 919-807-6333. Thank you for your cooperation in
this matter.
Sincerely,
�b' S. Jay Zimmerm , Director
Division of Water Resources, NCDENR
i
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 707 9000
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: Enforcement File #: LV-2017-00
F ati ettevillle Re Mona (-,fj pervMr-
Central Files
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2017-0018 Region: Fayetteville County: Sampson
Assessed Entity: Newton Grove WWTP Permit: NCO072877
Permittee States: The Treatment Plant did not exceed limits. The Town states they submitted an amended
DMR for April 2016 in August 2016 The Town of Newton Grove has supplied bench notes from the lab as
well.
D" Response: The amended DMR was not received by the DWR central office until March 1, 2017,
after the Town resent amended copies. An amended DMR was e-mailed to the FRO on August 23, 2016
with a copy of the laboratory sheet showing the correct data. The influent data was mistakenly entered on
the effluent page. The Town of Newton Grove has since started using the eDMR system.
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ A Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission Retain Enforcement Costs? Yes IS No ❑
Partial Remission ❑ (Enter AmouUZ—,
7
Jay Zimmerman Date
NCO072877 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Sampson DWQ Case Number LV-2017-0018
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Newton Grove 1
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.
If you or your representative would like to speak before the Committee, you must complete and return this
form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee, then you do not need legal representation before the Committee; however, if you intend on
having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or
consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
If you are a corporation partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's Opinion and
could be considered practicing law, without a license if he or she is not a licensed attorney. Presentation of facts
by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature
and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing our case if the
Committee is informed that a violation of the State Bar occurs.
This the
SIGNATURE
day of
20
TITLE (President, Owner, etc.)
TELEPHONE
K,?
Water Resources
ENVIRONMENTAL QUALITY
RECEIVED
DEQIDWR
MAR 0 8 2017
WQROS
FAYETTEVILLE RFGIONAI. OFFICE
Gerald Darden, Mayor
Town of Newton Grove
PO Box 4
Newton Grove, NC 28366-0004
Dear Mayor Darden:
March 1, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Remission Request of Civil Penalty
Newton Grove WWTP
NPDES Permit NCO072877
Case Number LV-2017-0018
Sampson County
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Your request will be scheduled for review by the Director and you will be
notified of the result'
If you have any questions about this matter, please contact me at (919) 807-6333 or via e-mail at
brianna.young@ncdenr.gov.
Sincerely,
ls�
Brianna Young, Enviro ntal Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File w/originals
NPDES Program Files
Central Files w/attachments
Fayettevll aional Off ce w/attar
State of North Carolina I Environmental Quality I Water Resources
512 N, Salisbury Street 11612 Mail Service Center I Raleigh, NC 27699-1612
919 807 6464
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2017-0018 Region: Fayetteville County: Sampson
Assessed Entity: Newton Grove WWTP Permit: NCO072877
Permittee States: The Treatment Plant did not exceed limits. The Town states they submitted an amended
DMR for April 2016 in August 2016. The Town of Newton Grove has supplied bench notes from; the lab as
well.
DWR Response: The amended DMR was not received by the D97R central office until March 1; 2017,
after the Town resent amended copies. An amended DMR was e-mailed to the FRO on August 23, 2016
with a copy of the laboratotysheet showing the correct data. The influent data was mistakenly entered on
the effluent page. The Town of Newton Grove has since started using the eDMR system.
r
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount) ,
S. Jay Zimmerman Date
Eki+d3RO144RENTAL QUALITY
Certified Mail # 7010 1870 0003 4774 4272
Return Receipt Requested
January 20, 2017
Gerald W Darden
Town of Newton Grove
PO Box 4
Newton Grove, NC 28366
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. N60072877
Town of Newton Grove
Newton Grove WWTP
Case No. LV-2017-0018
Sampson County
Dear Permittee:
ROY COOPER.
MICHAEL S. R,EGAN
S, JAY Z1.MMERqM�,�mAN
Dir
J
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $892.81 ($750.00 civil penalty +
$142.81 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 (DNIR)
submitted by Town of Newton Grove for the month of April 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0072877. The
violations, which occurred in April 2016, 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. NCO072877 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Belinda S. Henson,
Regional Supervisor, Fayetteville Regional Office hereby make the;following civil penalty assessment against Town of
Newton Grove:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Newton Grove
Facility Name: Newton Grove WWTP
Permit Number: NCO072877
County: Sampson
Case Number: LV-2017-0018
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;
);-No lasting harm to the natural resources of the State, to the public health, or any damage to private property was reported
due to this violation.
2) The duration and gravity of the violation;
➢ This facility had a weekly and a monthly TS S violation that met enforcement criteria.
3) The effect on ground or surface water quantity or quality or on air quality;
➢No observed effect of surface water quantity or quality has been documented from this violation.
4) The cost of rectifying the damage;
➢At this time a cost cannot be determined.
5) The amount of money saved by noncompliance;
➢ It is not apparent that any money was saved from this non-compliance event.
6) Whether the violation was committed willfully or intentionally;
➢It is the opinion of the FRO that this violation was not 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
➢ This facility has not had a civil penalty assessed against it within the past 12 months.
8) The cost to the State of the enforcement procedures.
$142.81
f- f o - 20s7
Date Trent Allen, Assistant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
I+ti atearResoutces
E4iV3 ORMENTAL GUAUTY
Certified Mail # 7010 1870 0003 4774 4272
Return Receipt Requested
January 20, 2017
Gerald W Darden
Town of Newton Grove
PO Box 4
Newton Grove, NC 28366
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. NCO072877
Town of Newton Grove
Newton Grove WWTP
Case No. LV-2017-0018
Sampson County
Dear Permittee:
ROY COOPER
Gath.mor
MICHAEL S. REGAN
Secretary
$, JAY ZIMMERMAN
l hmaalr
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $892,81 ($750.00 civil penalty +
$142.81 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 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0072877. The
violations, which occurred in April 2016, 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. NCO072877 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Belinda S. Henson,
Regional Supervisor, Fayetteville Regional Office hereby make the following civil penalty assessment against Town of
Newton Grove:
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300
$500.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0072877, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$250.00 1 of the 1 violations of 143-215.l (a)(6) and Permit No.NC0072877, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Conc.
$750.00 TOTAL CIVIL PENALTY
$142.81 Enforcement Costs
$892.81 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 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 thii1y Q 0Lays 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
Option 3• File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission.. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) 733-2698
Fax: (919)733-3478
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mark Brantley with the Division of Water Resources staff of the Fayetteville
Regional Office at (910) 433-0727 or via email at mark.brantley@ncdenr.gov.
Sincerely,
Trent Allen, Assistant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Fayetteville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
JUSTIFICATION FOR -REMISSION REQUEST
Case Number: LV-2017-0018 County: Sampson
Assessed Party: Town of Newton Grove
Permit No.: NC0072877 Amount Assessed: $892.81
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:
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Newton Grove
Newton Grove WWTP
PERMIT NO. NCO072877
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0018
Having been assessed civil penalties totaling $892.81 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 20, 2017, the undersigned, desiring to seek remission of the civil penalty, 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 Resources within thirty (30) days of receipt of the notice of
assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE
ATTACHMENT A
Town of Newton Grove
CASE NUMBER: LV-2017-0018
PERMIT: NCO072877
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 MonthNr Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
4/30/2016 4-2016 Solids, Total
Weekly
mg/I
30
49.20 63.9
Monthly
$500.00
Suspended-
Average
Concentration
Exceeded
4/30/2016 4-2016 Solids, Total
Weekly
mg/I
45
180 300.0
Weekly
$250.00
Suspended-
Average
Concentration
Exceeded
110
EFFLUENT
NPDES PERMIT NO._ NC O072877 DISCI IARGE N0. 001 MONIT I April YEAR 2016
FACILITY NAME Town orNewton Grove CLASS II
OPERATOR IN RESPONSIBLE CHARGE (ORC ERVIN G. HOLLAND DRADE IV PHONE 910-594-0827
CERTIFIED LABORATOCRIES: Van Labs / Tritest Pace Analytical
CHECK BOX IF ORC HAS CHANGED 'ERSON(S) COLLECTING SAIVI�LES Jim Balance
Mall ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
X
/y�-- ' 6 '� �/e�4/3 U
(SIGNATURE OF OPERATO RESPONSIBLE CHARGE) DAT1
DIV. OF WATER QUALITY
1617 MAIL SERVICE CENTER
BY THIS SIGNATURE., I CERTIFY THAT I'll IS REPORT IS ACCURATE AND COMPLETE TO THE BEST
RALEIGH, NC 27699-1617
OF MY KNOWLEDGE.
50050 1
0010
00400
50060
00310
00610
00530
31616
00300
00665
00625
00630
00600
00600
50060
TGP36
71900
z
z rn
e-
>
W
Q z
p
zW QFLOW
1
z
, w
cWZa
W ZEFFLUENT
> w
W W
-
L
x
Gp
Qo
p0
Fz?
.] J
O.:
Fro
=F
Oc
u
ao
e
C)
Y�
O N
CL
Cy v
C:�
W
O i
r2
O a F
Y
E
x
r
p cc
z x
=
7
b
�:�: W
Cc.
r ;i:
r
�• �,J
f v
i
-= O
Oi
oz
HRS
FIRS
WN/R
-
f
MGIt.
SIGIL
VIGIL
MG/L
LBS/Mo
LBSIVR
PIF
NGIL
2
10:35
0.25
Y
0.041
y
F
3
&.25,
tt 6,59 ...:~,
..
x x
ar
a
10:00
1.50
Y
0.051
16.0
6.70
2.8
<0.20
S,
1
9.13
4.00
2.8
37.10
39.90
6
***
0050
Ulm
s
10:50
ISO
Y
0.026
P.
1hAA
s.•
010
1 25
X043
r
x
a
10
11:00
2.50
B
0.042
e
"k,
,10.2(}
12
112:i30rt
1.,000
'{By
/F0.082
,
l
7
alcf«r^.'4
14
18:00
2.00
B
0.040
.
3 RR
77777777
t5
16
9:00
7.00
B
0.055
Y.
5,,:�d.,�;..
is
2.00
0.090
116
7.3
0.21
f
'ji 350
(5::30/n
}}
FB}
20
8:30
4.50
B
0.075
_
-
�1'"?�t9�Q
22
14:00
1.00
B
0.051
24
1 1:45
1.00
B
0.046
raw
26
15:30
1.50
B
0.066777777
= .
�7
E&ti044
a
28
5:00
1.75
B
0.053
fir'
30
12:30
1.50
B
0.058
Gloly
29
`,?. L
__ a
a Ys.
,: �* 2
s
$'
,,. .,:�..�
.s .:-�,
4ti,.
AVERAGE
0.054
15.23
10
0.05
10
9 3
18.7
8.10
4.00
2.80
37.10
39.90
#N/A
9DIV;0!
...<1tk.(}
35,i1 ``>.
9 i3. ''-x4.Od...''
.2.80;
a.37I�?,
i, 3996w'
39..190
#N/A
#(N//A
0.0�0
INIMUMt
MINIMUM
0.002
13.60
6.70
0.00
2.50
<.10
16...70
1
7.20
4.00
2..840
37.10
G...
0.125
6-9
25.0
10.0
.RiI-.;r,.
4.0
K„n!✓,+.-'r�
30.0
.E ..-;
200
V� f:2
>5.0
x.,4 s'.[x
N.»�+.
Monthly Limit
Total Monthly Flow
1.618
DEM Form MR-1 (12!93)
Facility Status: (Please check one of'the following)
All monitoring data and sampling frequencies meet permit requirements
COMPLIANT
All monitoring data and sampling frequencies do NOT meet permit requirements
If the facility is noncompliant• please comment on corrective actions being taken in respect to equipment,
operation, maintenance, etc. and a time table fur improvements to be made.
Arn Balance ORC passed away April 9. 2016 Nye are working to rind reports should you have questions
please contact me. Glenn Holland 919-252-9025
*** Could not find any data on log sheet for this date flow was averaged.
"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 inlin•nlation submitted is.
to the best of my knowledge and beliel. true, accurate. and complete. I am aware thatafiere are significant
penalties for submitting false information, including the possibility of fines and imprisonment for kno\.N-ing
violations."
Town of Newton Grove
Per ee (Please print type)
Cii/
Signature of Permittee** Date
P.O. Box 67 Princeton, NC. 27569 (919) 936-8171 4/30/2018
Permittee Address - Phone Number Permit Exp. Date
00010
Temperature
00076
Turbidity
00082
Color (Pt -Co)
00082
Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BODS
00340 COD
00400 pH
00530 Total Suspended
Residue
00545 Settleable Matter
00556
Oil & Grease
00600
Total Nitrogen
00610
Ammonia Nitrogen
00625
Total K,jeleihal '
Nitrogen
00630
Nivatcs/Niu•ites
00665
Total Phosphorus
00720
Cyanide
00745
Total Sulfide
00927
Total Magnesium
00929
TotalSodium
00940
Total Chloride
NONCOMPLIANT
PARAMETER CODES;
00951 Total Fluoride::,,:
01067
Nickel
01002 Total Arsenic `,"
01077
Silver
01092
Zihc
01027 Cadmium
01105
Aluminum
01032
1-lexavalent - -
Chromium
01147
01034
Chromium
31616
32730
01037
Total Cobalt;;--
34235
01042
Copper =
34481
38260
01045
Iron ?°
39516
01051
Lead
50050
50060
"Total Selenium 71880
Fecal Coliform
Total Phenolics 71900
Benzene 81551
"Toluene
MBAS
PCBs
Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083,
extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated
in the reporting facility's permit for reporting data.
* ORC must visit facility and document visitation of facility as required per I5A NCAC 8A.0202 (b) (5) (13).
** If signed by other than the permittee. delegation of signatory authority must be on file with the state per
I5A NCAC 2b.0506 (b) (2) (D).
Total
Residual
Chlorine
Formalde-
hyde
Mercury
Xylene
wdi'6t Resoarce
iavtrta a K of WITY
Certified Mail # 7012 3050 0001 9398 8093
Return Receipt Resleested
August 12, 2016
Gerald W Darden
Town of Newton Grove
PO Box 4
Newton Grove, NC 28366
PAT _MGCR.0RY
DGNAi _D .R 17A DER,. AFT
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVXL PENALTY
Tracking Number: NOV-2016-LV-0452
Permit No. NCO072877
Newton Grove WWTP
Sampson County
Dear Permittee:
9- JAY- ZIMME.Rx.MAN
;€ssfi�
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 4/30/2016 30 49.18 Monthly Average Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - - 4/30/2016 45 180 Weekly Average Exceeded
Concentration (C0530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1. '
State of North Carolina I Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300
Mr. Darden
Page 2
August 12, 2016
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
�e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal. ncdenr.org/web/wg/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Mark Brantley of the
Fayetteville Regional Office at 910-433-3300.
Sincerely,
Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: W,,(Q$JFay T e Regional 0 fi�c� Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I, Environmental Quality I Water Resources
225 Green Street, Suite 714, Fayetteville, NC 28301-5043
910-433-3300