NC0066362_LV20170022_20170204

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
. -0063 OFFICE
[phone] FAX
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February 4, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Polk County, Woodland Mills WWTP
NPDES Permit No. NCO066363
Case Number: LV -2017-0022
Dear Mr. Davidson,
RECE6VED/NCDE0IDIjVR
i-Ci3092017
Permitting section
This letter is in response to the above NOV dated January 20, 2017 and received by James & James on or
about February 1, 2017. The violation was for the month of August, 2016.
This facility has an excellent history of compliance. This particular month, the school was being
disinfected and cleaned for the opening of the school year. They are very attentive to the well-being of
each student. In the event to keep the children safe, the residual of the cleaning products and floor stripper
made it way to the waste water treatment plant. The sub -contractor was quickly reprimanded and the
practice halted but not without incident. The BOD was able to maintain compliance but the Suspended
Solids were too great to meet compliance. The facility was pumped on two separate occasions but was not
able to maintain a comfortable level to be compliant. The facility regained compliance and was compliant
for the following months.
The Polk County Government is considering options to lessen an unforeseen issue to the facility. We are
currently in the preliminary stage of options available to the system.
Since the owner is very conscientious of the system and its needs and is proactive with regard to the
clientele we respectfully request consideration of the assessment.
Thank you for your attention to this matter.
With highest regards,
1� L2o k�_to'— 1) C_'YYt L'D
Juanita James

Case Number: LV -2017-0022
Assessed Party: Polk County
Permit No.: NC0004464
JUSTIFICATION FOR REMISSION REQUEST
County: Polk
Amount Assessed: $666.62
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);
V(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). .
E30LANATION:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK -
IN THE 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. LV -2017-0022
Having been assessed civil penalties totaling $666.62 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 (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 7 4 A day of 17
20
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SIG ATURE
WIN
TELEPHONE
0 ZS- 69 7- 6663