NC0072877_LV20170018_20170120

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Viola,?r: Town of Newton Grove
Facility Name: Newton Grove WWTP
Permit Number: NCO072877
County: Sampson
Case Number: LV -2017-0018
ASSESSMENT FACTORS
JAN 2 7 2017
Water Quality
Permitting Sections
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 properly was reported
due to this violation.
2) The duration and gravity of the violation;
➢ This facility had a weekly and a monthly TSS 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- Z 0 - 20/7
Date Trent Allen, Assistant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ

y.:
}+ ater esources
1MR(F HE SAL QV4FTY
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.
Gama
MICHAEL S. REGAN
sdavt"y
S. AY21MMERMAN
oftaw
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.l(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 wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS - Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0072877, by discharging wastewater 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.l(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 ofEnvironmental 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:
Pzease 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 thigy (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 witl'A
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 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: [phone]
Fax: [phone]
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 [phone] or via email at [e-mail].
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.l(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 DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Newton Grove )
Newton Grove WWTP 1
PERMIT NO. NCO072877 ) 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 (3 0) 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

zr
PERMIT: NCO072877
FACILITY: Newton Grove WWTP
ATTACHMENT A
Town of Newton Grove
CASE NUMBER: LV -2017-0018
REGION: Fayetteville
COUNTY: Sampson
LIMIT 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
4/30/2016 4-2016 Solids, Total Weekly mg/l. 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

Lel
EFFLUENT
NPDES PERMIT N0._ NC 0072877 DISCI IARGF. NO. 001 MONTI I Anril YEAR 2016
FACILITY NAME. Town of Newton Grove CLASS If
OPERATOR IN RESPONSIBLE CHARGE (ORC ERVIN G. HOLLAND 3RADE IV PHONE [phone]
CERTIFIED LABORAT6RIES: Van Labs / Tritest Pace Analytical
CHECK BOX IF ORC HAS CHANGED 'ERSON(S) COLLECTING SAMALES Jim Balance
Mall ORIGINAL and ONE. COPY to:
ATTN: CENTRAL FILES X
DIV. OF WATER QUALITY (SIGNATURE OF OPERATO RESPONSIBLE CHARGE) DA 11E
1617 MAIL SERVICE CENTER BY THIS SIGNATURE, 1 CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST
RALEIGH, NC: 27699-1617
OF MY KNOWLEDGE.
50050 1 00010 00400 50060 00310 LgQgk 00530 31616 00300 00665 00625 00630 00600 00600 50060 TGP36 71900
z z� �d
E Y FLOW a w z a a o m m 9
EFFLUENT ~ V7 Q z Q w ww W Cd >W z O W W W O a U o 7
W L n F O .+ n U Z V Qa .J C o W O z F F d L Q}? ,° z F
a� Op �za w �V r. �[ t: F�
M or '`. O �W k; .2 .c �� mN ?C Cy✓: w.a �� Oa zx O,�p'= z=¢ _ =•7. v
O a sw ii 0 2 o z
r
HRS HRS YIN18 ",E'er: MGII. "WIL MGIL MGIL LBS/MO LBSIVR P/F NGIL
l
10:35 0.25 Y 0.041 10:00 1.50 Y 0.051 16.0 6.70 2.8 X0.20 .. ;5.4_„ <I 9.13 4.00 2.8 37.10 39.90
0.050 'f�!'�'td*,us. 10:50 1.50 Y 0.026 _ -_ ; A
I I :00 2.50 B 0.0421 3 v- a
12 12:30 1.00 B 0.082 1ti
k �'-�- ,� �' `" x �a .. �' .� n,� <e': w�4 a �s=- < . • ,�. 4 � � y �, .. � E� � � �3��3- '-s x ,'.•a
p1.E„�IS`s0@ .�Q E �_ � I _ ... � . &
14 18:00 2.00 B 0.040
xt i m� � : ', umt'r , m m ;' . '�'s .a;-�'�:'a : >..�.` °'��`'+•�� '� '.: s,-' `r�s, � .,. .: - � ir;.a ';. - t,�,r-*., . . 1 :' . � .,a amu,
In 9:00 7.00 B 0.055 i
,�. �... ( �, sic .:. �.* �.; a _ °� .�. ..�,��; _ � , < ` � � � ksE tx� :'vim �;€. ,:- ��;� :i�' �'a �s :,< sK Vit. ��..,�� � .F,� a � � .. -�e� .> �• 3--�.�,.{>�i � � 3- ��'�,� 3 ._ . ,.':
l8 5:30 2.00 B 0.090 13.6 7.3 0.21,` l6 350
��-
, .•., `�;.x, ,_, Q...f:.-:r.,;; _.., , .:�.. st;� ,.. Y"i'._ m, ... `� 3:i .... �..,'t >��`' :> .., vc�•C ., ..< r...4 .,,, a; 2Y , 8.c..ry..>..�=> .:v
20 8:30 4.50 13 0.075
vy .a• %, s` _. :r`� 9 ,� ¢� �`>k. >, aa --X - r ,: zs X rtd...',�z cu a n .•*,as'.; :s"
.....-
22 14:00 3.00 B 0.051
44
r`,'��u;
24,11:45 1.00 B 0.046
Slow a�W, 0 Z49
26 15:30 1.50 B 0.066
Kammrr .i�aav, r.: .`,': aa...`Y.kR _ _al ,�0nS .,,�'^s%'�x`•,a�6r< ��°$�3��-,A.;�s..- .�.MNI"�n s'�.[a, �._ ,-"'£r.. P.��...
28 5:00 1.75 B 0.053
go", 4� 3, rn �..,
AV`(- •a._. :mss �. .:4_..e.r� .�.�>
30 123011.50 B 0.058 GI
�_ice -aa ;-: r e r ,ls _.,,_ �""�' „ z* s�, sbc :,. a. i "i -i.'. �.•�. '``L'�,
. __ � ��a . � .:..�,�. s „r• a � _ ,"�.A�'.` u '�., , �s'.k'( '� _ x„� „ � �i�*:�^' .ice; ,'�x.���,$�. ,:�''t�`k''`' „�r'.�� -,:r .-.rr. (?.
AVERAGE 0.054A 15.23 <10 0.05 :10, 18.7 ` 8.10 4.00 2.80 37.10 39.90 #NIAJI 91DIWO!
.� - _ y "4,. -. �,' w� r ,�taz r� x• it {} , - » _ y xp :; i >$ ''> %g +-
#NlA -
_
MINIMUM 0.002 13.60 6.70 0.00 2.50 <.10 16.70' 1 7.20 Y 4.00 2.80 37.10 39.90 #N/A 0.00
•.r«« /-��}..r: E'a, ..,
-Rl.a:'�s.±<�,„`.�ri
Monthly Limit 0.125 6-9 25.0 10.0 4.0 30.0 200 >5.0
Total Monthly Flow 1.618
DEM Form MR -I ( 12/93)

Facility Status: (Please check one of'the llollowing)
All monitoring data and sampling frequencies meet permit requirements �X
a
COMPLIANT
All monitoring data and sampling frequencies do NOT meet permit requirements
NONCOMPLIANT
lythe facility is noncompliant, please comment on corrective actions being taken in respect to equipment,
operation. maintenance, etc, and a time table for improvements to be made.
Jim Balance ORC passed away April 9, 2016 we are working to find reports should you have questions
please contact me. Glenn Holland 919-252-9023--
*** 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 inlbrmation. the information submitted is.
to the best ofmy knowledge and belief, true. accurate. and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and imprisonment for knowing
violations."
Town of Newton Grove
Per ee (Please
%print type)
Signature of Permittee** Date
P.O. Box 67 Princeton, NC. 27569 [phone] 4/30/2018
Permittee Address Phone Number Permit Exp. Date
00010
Temperature
00556
Oil & Grease
00076
Turbidity.
00600
Total Nitrogen
00082
Color (Pt -Co)
00610
Ammonia Nitrogen
00082
Color (ADMI)
00625
Total KJeldhal
Nitrogen -
00095
Conductivity
00630
Nitrates/Nitrite's
00300
Dissolved Oxygen
00310
BODS
00665
Total Phosphorus
00340
COD
00720
Cyanide
00400
pH
00745
Total Sulfide
00530
Total Suspended
00927
Total Magnesium
Residue
00929
Total' Sodium
00545
Settleable Matter
00940
Total Chloride
PARAMETER CODES
00951 Total Fluoride
01002 Total Arsenic
01027 Cadmium
01032 Hexavalent
Chromium
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067
Nickel
01077
Silver
01092
Zinc
01105
Aluminum
01147
31616
32730
34235
34481
38260
39516
50050
Total Selenium
Fecal Coliform
Total Phenolics
Benzene
Toluene
MBAS
PCBs
Floe
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at [phone],
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 15A NCAC 8A.0202 (b) (5) (13).
** I1•signed by other than the permittee• delegation of signatory authority must be on file with the state per
15A NCAC 26.0506 (b) (2) (D).
50060 Total
Residual
Chlorine
71880 Formalde-
hyde
71900 Mercury
81551 Xylene