NC0043532_LV-2019-0259_20191202

RECEIVED
JUSTIFICATION FOR REMISSION REQUEST
DEC 0 2 2019
Case Number: LV-2019-0259 County: Stanly NCDEQ/DWR/NPDES
Assessed Party: Stanly County
Permit No.: NC0043532 Amount Assessed: $3,358.75
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:
4 The request for remission of the assessed civil penaly is because it is to be
negotiated with the pending Special Order of Consent Agreement between NCDEQ
and Stanly County for the West Stanly WWTP.
J

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Stanly County )
West Stanly WWTP )
PERMIT NO.NC0043532 ) CASE NO. LV-2019-0259
Having been assessed civil penalties totaling$3,358.75 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated November 6,2019,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 18 day of November ,20 19
U r�G r4 ItDo
SIGNATU
RECEIVED
ADDRESS
DEC 0 2 2019 Stanly County Utilities Department
NCDEQ/DWR/NPDES 100o N. First Street
Albemarle, NC 28001
TELEPHONE
[phone]

;is
November 19, 2019 011 EC
E`�ED
Mr. Landon Davidson, P.G., Regional Supervisor 11111
DEC 0 2 2019
Water Quality Regional Operations Section
Asheville Regional Office ��'',,�,, NCDEO1DWRINPDES
2090 U.S. Hwy.70 Qth A.' l
Asheville, NC 28778
Subject: Remission Request
NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Case No.: LM-2019-0043
WWTP Permit No.: NC0004464
Polk County, Woodland Mills WWTP—Polk County
Dear Mr. Davidson,
Polk County(Woodland Mills WWTP)appreciates the opportunity to respond to the Notice of Violation
and Civil Penalty issued on October 30, 2019. Please find enclosed our remission request
regarding violations as listed:
• The Total Suspended Solids exceeded the daily maximum and monthly average due to a
rabbit carcass wedged into the effluent pipe going into the dechlor box. Unfortunately
the operator did not discover the carcass immediately. In turn, this resulted in higher
than normal TSS readings.
We understand the reasons for the Civil Penalty Assessment but respectfully request the
Division consider remission of the civil penalty due to the fact the non-compliance was outside
of the Operator's control.The Operator quickly acknowledged there was an issue, responded to
the non-compliance, and promptly returned the treatment plant to a compliant status.
Please do not hesitate to contact me at 828-894-3301 if we can be of further assistance or if
additional information is needed.
Sincerely,
D. Marche Pittman
Polk County
Cc: Trish Bryan, Envirolink, Inc.
Bekki Manning, Envirolink, Inc.
John Mullis, Envirolink, inc.
Carr McLamb, Envirolink, Inc.
Post Office Box 308 • Columbus. North Carolina 28722 •828-894-3301 • FAX [phone]

DocuSign Envelope ID:cA5AD220-2904.4896.99F$-63E8[12BA98t3
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2019-0043 County: Polk
, Assessed Party: Polk County
Permit No.: NC0004464 Amount Assessed: $570.31
•
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(fearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and arc 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. § 143I3-282.t(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(tire 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 tat you took to correct the violation and prevent future occurrences):
—X (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 ngcessary remedial actions(i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessray to achieve
compliance).
EXPLANATION: J^e G A 4+a C41 e d

DocuSign Envelope ID:Ci15AB220-2904-4896.99F8-63EBE12BA988
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK
IN TI lE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Polk County )
Woodland Mills WWTP )
PERMIT NO.NC0004464 ) CASE NO. LM-2019-0043
Having been assessed civil penalties totaling S570.31 for violation(s)as set forth in the assessment-document of the Division
of Water Resources dated October 30,2019.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. 'VA f
This the 1 day of N o V C m brr 20 /'
SIGNATURE
RECEIVED ADDRESS
DEC 0 2 2019 Po` (L Co . Lo c al ex vclin not
NCDEQIDWRJNPDES Pe E lax.-3a z
CobaNio u s , N G
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