NC0004464_Compliance_20200206 (2)

NPDES DOCUMENT SCANNING COVER SHEET
NPDES
Permit:
NC0004464
Woodland Mills WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
February 6, 2020
This document is printed on reuse paper - ig more any
content on the reYerse side

ROY COOPER
Governor
Water Resources
ENVIRONMENTAL QUALITY
February 6, 2020
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6018 - RETURN RECEIPT REQUESTED
Mr. D. Marche Pittman
County Manager
P.O. Box 308
Columbus, NC 28722-0308
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Woodland Mills WWTP
Permit NC0004464
Case LM-2019-0043
Polk County
Dear Mr. Pittman:
T have considered the information you submitted in support of a request for remission in the
subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the
original civil penalty assessment which totals $570.31.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check[s] payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests will be delivered to the North Carolina Environmental
Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final
agency decision.
If you desire to make an oral presentation to the Committee on why your requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
North Carolina Department of Environmental Quality 1 Division of Water Resources
1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919-707-3616

NC0004464 Remission Decision
Page 2 of 6
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your request for remission will be
made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
cc: NPDES file
SENDER: COMPLETE THIS SECTION
• 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 permits.
Polk (-tunty
Attn: D. Marche Pittman, County
Manager
PO .Box 308
Columbus, NC 28722
IIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIII IIIIIIIIiII
9590 9402 3950 8060 9864 20
Sincerely,
. Daniel S4nith
Director, Division of Water Resources
COMPLETE THIS SECTION ON DELIVERY
A. Signature
x�f
B. eceived by (Pried Name)
7 .'.
Agent
_ 0 Addressee
C. Date of Delivery
D. Is delivery address different •m item 1?
If YES, enter delivery address below:
3. Service Type
❑ Adult Signature
0 Adult Signature Restricted Delivery
❑ Certified Mail®
❑ Certified Mall Restricted Delivery
❑ Collect on Delivery
Delivery Restricted Delivery
7015 0640 0007 9833 6018 lall
lail Restricted Delivery
— (over $500)
PS Form 3811, July 2015 PSN 7530-02-000-9053 L,N1 - 24 IQ -co Li 3
❑ Yes
❑ No
0 Priority Mail Express®
o Registered MailTM
❑ Registered Mail Restricted
Delivery
❑ Retum Receipt for
Merchandise
❑ Signature ConfirmationTM'
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Domestic Return Receipt

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2019-0043 Region: Asheville County: Polk
Assessed Entity: Woodland Mills WWTP Permit: NC0004464
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
(c) Whether the violation. was inadvertent or a result of an accident:
Permittee States: Rabbit carcass in pipe to dechlorination unit caused high TSS readings. Removal
of carcass resolve the problem.
DWR Response: No TSS violations•since July 2019.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes 0 No ❑
Original Penalty (without Enforcement Costs)
Partial Remission 0
ova
$ (enter amount)
or $ (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assess
aniel Smith

November 19, 2019
Mr. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
2090 U.S. Hwy. 70
Asheville, NC 28778
Subject: Remission Request
EDEIVED
DEC 0 2 2019
CY,A Lou
CDE01DWRlNPDEs
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 Tbtal Suspended Solids exceeded the daily maximum and monthly average due to a
rabbit carcass wedged into the effluent pipe going into the dechior 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,�
mot' d v \
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 • Colurnbus. North Carolina 28722 • 828-894-3301 • FAX [phone]

oocuSign Envegpe ID: CA5AE3220 2904.4896.99F8.63E8E t 2BA98B
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LiV1-2019-0043
Assessed Party: Polk County
Permit No.: NC0004464
County: Polk
Amount Assessed: S570.31
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 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. § 14313-282.1(c), remission ofa 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. 14313-282. l(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penaltyassjssment 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 rrnm'oirlable or
somethilrg you could not pr•eivent or prepare fo J;
(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 (Le.. explain
how payment of the civil penalty will prei ent you front pet forming the activities necessary to achieve
compliance).
EXPLANATION: Sec MI -ached

DecoSign Envelope ID: Cia5AB220-2904-4896•OOF8.63EBE120A988
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK
IN •rt lE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Polk County
Woodland Milts WWTP
PERMIT NO. NC000446d
WAIVER OF RIGHT TO AN
ADMINISTRATIVE IIEARING AND
STIPULATION OF FACTS
CASE NO. LM-2014-0043
t laving been assessed civil penalties totaling $570.31 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 arc 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
RECEIVED
DEC 0 2 1019
NCDEQIDWRINPDES
day of
Novcytfx°a- ,o 19
ADDRESS
\ A „ (:
SIGNATURE
fo l K. C0. Local ex von] not
Pb _E_o_)C368
CALumzUs , PRIG
TELEPHONE
`� - lq q- 3361

DocuSign Envelope ID: CA5AB220-2904-4898-99F8.63EBE12BA98B
ROY COOPER
Cmrrnor
MICHAEL S. REGANSr, rKur 1.
LINDA Ct1LPEPPER NORTH CAROLINA
Director fnrironntintal Qualls),
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:
VECEIIVIE
NOV 0 7 2019
Polk County, NC.
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. I (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).
Nonh Caroino Dip' arrant of Enrronment/a Qaaf4y I DM'
on of WowRosoun7os
r,. ',UMW* Raton& 0ffa 12090 U.S.70Heti oy I Swennanon, North Cuolina 28778
628.296-4500

DocuSign Envelope ID- CA5A8220-2904-4896-99F8-63EBE128A98B
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. I43-215.1(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. Centierade in violation of
Permit No. NC0004464.
$450.00 TOTAL CIVIL PENALTY
$120.31 Enforcement Costs
$570.31 TOTAL AMOUNT DUE
Pursuant to G.S. I43-215.6A(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
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;
(4l) 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 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

DocuSign Envelope ID: CA5AB220-2904-4896-99F8-63EBE12BA98B
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Polk County
Woodland Mills WWTP
PERMIT NO. NC0004464
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LM-2019-0043
Flaying been assessed civil penalties totaling $570.31 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.
This the
RECEIVED
NOV 25 2019
NCDEQ/DWR/NPDES
day of LO0,-h , 20 1 g
SIGNATURE
ADDRESS
LpD
, Arc. 2 -7Y1?
TELEPHONE
�2� facid-t bL 3

DocuSign Envelope ID' CA5A8220-2904.4896-99F8-63EBE128A98B
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 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One ( I ) 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 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 G. Landon Davidson with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email at [e-mail].
ncdenr.gov.
Sincerely,
OocuS,gned by:^
7E617A082858e8C
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACI IM t:NTS
EC WQS-ARO Server
LE
G:1WR!WQ1PoIIAWastessater\Minors\Woodland Mills 0446 NOV's & NOD's`'2019120191030_N00004dbt_I.M201(MN 3

DocuSign Envelope ID: CA5A8220-2904-4896-99F8-63EBE128A98B
ATTACHMENT A
Polk County
CASE NUMBER: LM-201 9-0043
PERMIT: NC0004464
FACILITY: Woodland Mills WWTP
REGION: Asheville
COUNTY: Polk
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
7/22/2019 7-2019 Solids, Total Weekly mg/I 45 136 202.2 Daily
Suspended - Maximum
- Concentration Exceeded
$100.00
7/31/2019 7-2019 Solids, Total Weekly mg/I 45 353.3 685.1 Daily
Suspended - Maximum
Concentration Exceeded
$100.00
7/31/2019 7-2019 Solids, Total Weekly mg/I 30 108.12 260.4 Monthly
Suspended - Average
Concentration Exceeded
$250.00
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date MonthlYr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
7/6/2019 7-2019 Temperature, Water 5 X week deg c Frequency
Deg. Centigrade Violation
$0.00