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Home My WebLink AboutNC0004464_LM-2019-0043 CPA_20191030 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Polk County Facility Name: Woodland Mills WWTP Permit Number: NC0004464 County: Polk Case Number: LM-2019-0043 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; The degree and extent of harm is unknown. South Creek is rated Class C and protected for secondary recreational use. Any permit limit exceedance may be detrimental but not immediately quantifiable. 2) The duration and gravity of the violation; The daily maximum for TSS was exceeded by 202% and 685% on July 22nd and July 31st respectively. The monthly average TSS limit was exceeded by 260%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on ground and surface waters is unknown. Any exceedance of permits limit may be detrimental but may not be immediately quantifiable. 4) The cost of rectifying the damage; Costs are unknown. 5) The amount of money saved by noncompliance; The amount saved is unknown. 6) Whether the violation was committed willfully or intentionally; We do not believe the violation was committed willfully or intentionally. ORC reports a carcass was found in the line to the dechlor chamber. 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 There have been zero civil penalties assessed within the previous 12 months. 8) The cost to the State of the enforcement procedures. $120.31 ___________________ __________________________________________ Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ DocuSign Envelope ID: CA5AB220-2904-4896-99F8-63EBE12BA98B 11/1/2019 DocuSign Envelope ID: CA5AB220-2904-4896-99F8-63EBE12BA98B Certified Mail #7017 2620 0000 9759 2519 Return Receipt Requested October 30, 2019 D Marche Pittman Polk County PO Box 308 Columbus, NC 28722-0308 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. NC0004464 Polk County Woodland Mills WWTP Case No. LM-2019-0043 Polk County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $570.31 ($450.00 civil penalty + $120.31 enforcement costs) against Polk County. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Polk County for the month of July 2019. 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. NC0004464. The violations, which occurred in July 2019, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Polk County violated the terms, conditions or requirements of NPDES WW Permit No. NC0004464 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). DocuSign Envelope ID: CA5AB220-2904-4896-99F8-63EBE12BA98B 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, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Polk County: $200.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0004464, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended - Concentration $250.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0004464, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Solids, Total Suspended - Concentration $0.00 for 0 of the 1 failures to properly monitor Temperature, Water Deg. Centigrade in violation of Permit No. NC0004464. $450.00 TOTAL CIVIL PENALTY $120.31 Enforcement Costs $570.31 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 DocuSign Envelope ID: CA5AB220-2904-4896-99F8-63EBE12BA98B DocuSign Envelope ID: CA5AB220-2904-4896-99F8-63EBE12BA98B 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 thirt(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