NC0020061_Historical_2019 (2)

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Sprint Hope
Facility Name: Spring Hope WWTP
Permit Number: NC0020061
County: Nash
Case Number: MV-2019-0017
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;
Failure to monitor for Total Nitrogen for the week ending November 03, 2018.
2) The duration and gravity of the violation;
Total Nitrogen was not monitored for the week ending November 03, 2018.
3) The effect on ground or surface water quantity or quality or on air quality;
Not monitoring for Total Nitrogen may lead to increased nitrogen loading in surface waters.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violations were 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;
There has been no enforcements since August 2011.
8) The cost to the State of the enforcement procedures.
$32.36
-4/-
Rick Boli , L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space ,
JAMES BUDDY GWALTNEY, MAYOR
TOWN OF SPRING HOPE
PO BOX 87
SPRING HOPE NC 27882
CP-MV-2019-0017 & MV_2019-0018
NCO020061 SPRING HOPE WWTP
4/18119; MAILED 4/24/19.HAYES
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C3 JAMES BUDDY GWALTNEY, MAYOR
M1 TOWN OF SPRING HOPE
i PO BOX 87
C3 SPRING HOPE NC 27882
r` CP-MV-2019-0017 & MV-2019-0018
NCO020061 SPRING HOPE WWTP
4118119; MAILED 4/24/19.HAYES --- --------- --

iL
T 1
ROY COOPER
MICHAEL S. REGAN
i
LINDA CULPEPPER Npa-.. ctaOL.NA
Enriima wa(Qua(ity
Certified Mail # 7017 0190 0000 9562 9309
Return Receipt Requested
April 18, 2019
James Buddy Gwaltney, Mayor
Town of Spring Hope
PO Box 87
Spring Hope, NC 27882
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 W W Permit No. NCO020061
Town of Spring Hope
Spring Hope WWTP
Case No. MV-2019-0017
Nash County
Dear Mayor Gwaltney:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $57.36 ($25.00 civil penalty +
$32.36 enforcement costs) against Town of Spring Hope.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Spring Hope for the month of November 2018. This review has shown the subject facility
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W W Permit No.
NC0020061. The violations, which occurred in November 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Spring Hope violated the terms, conditions or
requirements of NPDES WW Permit No. NCO020061 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, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against
Town of Spring Hope:
$0.00 for 0 of the 1 failure to properly monitor BOD 5-Dav (20 Deg. C) - Concentration in violation of
Permit No. NC0020061.
0.00 for 0 of the 1 failure to properly monitor Coliform Fecal MF. MFC Broth, 44.5 C in violation of
Permit No. NC0020061.
$0.00 for 0 of the 1 failure to properly monitor Nitrite plus Nitrate Total (as N) in violation of Permit
No. NC0020061.
0.00 for 0 of the 1 failure to properly monitor Nitrogen. Kieldahl. Total (as N) in violation of Permit
No. NC0020061.
25.00 for 1 of the 1 failure to properly monitor Nitrogen. Total - Concentration in violation of Permit
No. NC0020061.
$0.00 for 0 of the 1 failure to properly monitor Phosphorus Total (as P) - Concentration in violation of
Permit No. NC0020061.
0.00 for 0 of the 1 failure to properly monitor Solids Total Suspended - Concentration in violation of
Permit No. NC0020061.
25.00 TOTAL CIVEL PENALTY
32.36 Enforcement Costs
57.36 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. I (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.

4
In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearin and Stipulation of Facts" form within thirty (30) days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 (30) 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 maybe 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 § 15013-23.2) 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the rase 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
datettime 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.

i
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Rick Bolich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File — 1A6'A-P4K' y/ 01
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files

ATTACHMENT A
Town of Spring Hope
CASE NUMBER: MV-2019-0017
PERMIT:
NCO020061
REGION:
Raleigh
FACILITY:
Spring Hope WWTP
COUNTY:
Nash
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Unit of
Limit Calculated % Over
Violation
Penalty
Date
Month/Yr Parameter
Frequency
Measure
Value Value Limit
Type
Amount
11/3/2018
11-2018 BOD, 5-Day (20 Deg.
Weekly
mg/I
Frequency
$0.00
C) - Concentration
Violation
11/3/2018
11-2018 Colifonn, Fecal MF,
Weekly
#/100ml
Frequency
$0.00
MFC Broth, 44.5 C
Violation
11/3/2018
11-2018 Nitrite plus Nitrate
Weekly
mg/I
Frequency
$0.00
Total (as N)
Violation
11/3/2018
11-2018 Nitrogen, Kjeldahl,
Weekly
mg/I
Frequency
$0.00
Total (as N)
Violation
11/3/2018
11-2018 Nitrogen, Total-
Weekly
mg/I
Frequency
$25.00
Concentration
Violation
11/3/2018
11-2018 Phosphorus, Total (as
Weekly
mg/I
Frequency
$0.00
P) - Concentration
Violation
11/3/2018
11-2018 Solids, Total
Weekly
mg/I
Frequency
$0.00
Suspended-
Violation
Concentration

JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV-2019-0017 County: Nash
Assessed Party: Town of Spring Hope
Permit No.: NC0020061 Amount Assessed: 5$ 7.36
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 maybe 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. 14313-282.1(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 fixture 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 x7ll prevent youfrom per the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY , , v
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Spring Hope
Spring Hope WWTP
PERMIT NO. NCO020061
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. MV-2019-0017
Having been assessed civil penalties totaling $57.36 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 18, 2019, 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
TELEPHONE

P-,'%COOPER S
t rar
MICHAEL S. REGAN
5ccrerary
I INT)A r 111 PFPPFR
Certified Mail # 7017 0190 0000 9562 9033
Return Receipt Requested
James Buddy Gwaltney, Mayor
Town of Spring Hope
PO Box 87
Spring Hope, NC 27882
Nnarw C•A0111 INA
February 7, 2019
SUBJECT: NOTICE OF VIOLATION 8t INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-MV-0019
Permit No. NCO020061
Spring Hope VAM r
Nash CountySENDER: COMPLETE THIS SECTION
■ complete items 1, 2, and 3.
it Mayor Gwaltney: ■ Print your name and address on the reverse
so that we can return the card to you.
A review of the November 2018 Discharc M Attach this card to the back of the mailpiece,
or on the front if space permits.
violations indicated below: t----- J•-
Monitoring Violations•
Sample
Location Parameter
001 Effluent BOD, 5-Day (20 Deg. C)
Concentration (00310)
001 Effluent Coliform Fecal MF MFC
LAMES BUDDY GWALTNEY, MAYOR
TOWN OF SPRING HOPE
PO BOX 87
SPRING HOPE, NC17882
NOV-7019-MV-C79:NOV-2019-MV-0020: NCO020061
SPRING HOPE W WTP: NASH COUNTY
02/07/19: MAILED: 07/09/19; HAYES
9590 9402 3411 7227 5686 73
A Signature
X l.11.
D. Is delivery address diffef@rff flMf ireN 1?
If YES, enter dBlivery address below:
2019
3. Service Type
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❑ Adult Signature
❑ Registered MaIPe
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Cartlfied Mail®
❑ Certified Mail Restricted Deliveryalum
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r r ❑ Collect on Delivery Merchandise
44.5C(31616) 9 AenLNnmbR?ans/erfromSeN�la6e0_❑CollectonDeliveryRestrictedDelivery ❑ Signature Confanatior
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OO1 Effluent Nitrite plus Nitrate Total 17 0 ], 7 0 ], 9 0 0 0 u u •i 5 6 2 9033 nwred Mal Restricted Delivery Reamaed Delivery
er $500)
(00630) Ps Form 3811, July 2015 PSN 7530-02-000.9053 Domestic Return Reeeir
UU1 Muent Nitrogen, Kjeldahl, Total (as N) 11/3/2018 Weekly Frequency Violation
(00625)
001 Effluent Nitrogen, Total - Concentration 11/3/2018 Weekly Frequency Violation
(C0600)
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Permit Enforcement History Details by Owner
Owner: Town of Spring Hope
Facility: Spring Hope WVVTP
Permit: NCO020061
Region: Raleigh County : Nash
Penalty Remission Enf Ent
Assessment Penalty Enforcement Request Conf Remission
Case MR Approved Amount Costs Damages Received Held Amount
Number
EMC
Hearing
Held
EMC OAH Collection
Remission Remission MemoSent Total
Amount Amount To AGO Paid
4/1812019
1
Has
Balance Print
Due Plan
Case
Closed
LV-1999-0241 6129199
$250.00
$41.00
$291.00
$0.00 No
7123/99
LV-1999-0591 115/00
$500.00
$41.00
$541.00
$0.00 No
1/24100
LV-2006-0291 4-2006 4129106
$500.00
$47.62
$547.62
$0.00 No
9115/06
LV-2006-0137 2-2006 6/30106
$375.00
$72.00
$447.00
$0,00 No
6/14106
LV-2006-0414 7-2006 1113106
$250.00
$47 79
$297.79
$0.00 No
1215106
LV-2006-0415 8-2006 11/3/06
$1.500.00
$47.79
$1,547.79
$0.00 No
12/5106
LM-2007-0009 10-2006 2/22/07
$3.850.00
$47.79
$3.897.79
$0.00 No
3/7/07
LM-2007-0009 11-2006 222/07
$3.850.00
$47.79
$3,897.79
$0.00 No
317/07
LV-2007-0144 1.2007 4/12/07
$500.00
$47.79
$547.79
$0.00 No
5/10/07
LV-2007-0144 12-2006 4/12/07
$500.00
$47.79
$547.79
$0.00 No
5110/07
LV-2007-0222 2-2007 6115107
$1.500.00
S47.79
$1,547.79
$0.00 No
7007
LV-2007-0222 3-2007 6115/07
$1.500.00
$47.79
$1,547.79
$0.00 No
72107
LV-2007-0222 4-2007 6115107
$1.500.00
$47.79
$1,547.79
$0.00 No
712/07
LV-2007-0269 5-2007 7/19107
$3,000.00
$47.79
$3,047.79
$0.00 No
8/31107
LV-2007-0381 7-2007 1014107
$2,000,00
$47.79
$2.047.79
$0.00 No
10/31/07
LV-2007-0469 8-2007 12/10/07
$13,000.00
$71.50
$13.071.68
$0.00 No
1117108

4/18/2019
2
$13.071.58
$0.00
No
1117106
LV-2007-0469
9-2007
12/10/07
$13.000.00
$71.58
57.053.54
$0.00
No
7124108
LV-2008-0101
10-2007
412/08
$7,000.00
$83.54
$7.083.54
50.00
No
7/24/08
LV-20084101
11-2007
4/2108
$7,000.00
$83.54
$7.083.54
$0.00
No
7/24108
LV-2005.0101
12-2007
412/08
$7,000.00
$83.54
$1,054.03
$0.00
No
2117/09
LV-2009-0027
10-2008
1/26109
$1.000.00
$54.03
$1,054.03
$0.00
No
2/17/09
LV-2009-0027
8-2008
i/28/09
$1.000.00
$64.03
$1.054.03
$0.00
No
2/17109
LV-2009-0027
9-2008
1128109
$1.000.00
$54.03
$500.00
$0.00
No
3/12110
SP-2010-0011
8-2009
2119110
$500.00
$298.91
$0.00
No
10/11/10
LV-2010-0291
5-2010
9117/10
$250.00
$4891
$81.82
$0.00
No
9/26/12
LV-2012-0021
8-2011
2/13112
$250.00
$81.82
3/9/12 8/15112 MOM
$0.00
No
SP-2010-0001
8-2009
$0.00
$0 00
$72.575
Total Enforcement Cost: $1,413.91
Sum Of Total Paie'. $73.738.91 Total Belanoe Due
$0.00
Total Cases.
18
Total Penalty
Amount
Sum of Total Case Penalties $73 988.91
Total Penalties After Remissions'.
$73.738.91