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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