NC0004464_remission request_20191202

November 19, 2019
Mr. Landon Davidson, P.6-, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
2090 U.S. Hwy. 70
Asheville, NC 28778
Subject: Remission Request
NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Case No.: LM-2019-0043
WWTP Permit No.: NCO004464
Polk County, Woodland Mills WWTP — Polk County
Dear Mr. Davidson,
ECEIVED
DEC 0 2 2019
DE0 /D 31NPDES
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]

DocusPgnErivetgpe!o: GAMB22Q2904-4896-99Ft1-B3EBC-t2BA98B
JUSTIFICATION, FOR REMISSION REQUEST
Case Plumber: LtVI-2019-0043 County: Polk
:assessed Part}: Polk County
Permit No.: NCO004464 Amount Assessed: $570.31
Please use this form tivlten requesting remission of this civil penalty. You ,,list also complete tite 'Request Far Hc�rrrirsi<rrt, !t'crirer (!f ft rt to an .4drninistrcrtive Hearing, anfistipZ11'altoll of ]-,acJs" forth 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 tilt: five
factors listed below as they may relate to tl,e reasonableness of file 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 MC-G.S. § 1438-282- 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 ofst,ppor€ing docunietits, as to why tine
!actor applies (attach additional pages as needed).
(a) one or more of tile civil penalty assessment factors in NI .C.G.S- 14313-282.1(b) were %wrongfully applied to the
detriment of the petitioner ahe trs�c�sxrnerrt factors crre listed in the cif rl �venrrl�t• ct� yc�.ssrrrerrt docrrnient);
(b) the violator promptly abated continuing environmental damage resulting fro,, the violation (i.e., e.lrkrirr ,Ile
steps !hilt yorr took io correct lire l�iolrrtio�r cnu! prere�rt frttur� oCcrrrrerrces):
._ (c) the violation avas inadvertent or a result of an accident (i.e- etrPlain 111ry the Yicrlcuion wris lolavoidable or-
svrrreflrinR,} cru enrrlcl rat /�►z��crrt yr prcpa� c_ frn);
(d) the violator had not been assessed civil penalties for any pt'evi0US Violations,
(e) payment of the civil penalty will prevent payment for the remaining wecessary remedial actions Ii-e., explain
I7011- payment of the civil penalty Ivill irr e, eat you from performing Me activities necessary to achieve
compliance).
L"XPLA-' TION- Set A+ 3 t; b e d

t}ocuSign Envelope in: CA5A8220-2904-4896-8OF8-63EBE12E3A988
. . ,
STATE OF NORT1 t CAROLINA
COUNTY OF POL K
IN THE MATTER OF ASSESSMENT
01: CIVIL PENALTIES AGAINST
Polk County
Woodland N ills'tWWTp
PER jbiIT NO. NC00044611
DEIIARTMEN7' 01- ENVIRONtIENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE I[EARING AND
STIPULATION OF FACTS
CASE NO W 2019-0043
1-laving been assessed civil penalties totaling $570.31 for violation(s) as set fortis in the assessment -document of the Division
of Water Resources dated October 30 2019, the undersigned, desiring to sees: 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 farther understands that all evidence presented its support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources �vitltin thirty (30) days of receipt ofthe 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 -fh Q
day ofVf
RECEIVED - SIGNATURE
ADDRESS
DEC 0 2 1019
NCDEQfl)VVPJNPDES ��
TELEPI-IONC
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