Loading...
HomeMy WebLinkAboutNC0004464_LV20170022_20170120Certified Mail # 7014 0510 0000 4466 4057 Return Receipt Requested January 20, 2017 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. LV -2017-0022 Polk County Dear Permittee: PA, RECEIVE NCDENWR JAN 2 5 2017 Water Quality Permitting Section This letter.transmits allotice. of Violation and.a§sessment of civil penally `in the"amount-of $666-.62 ($550.00 civil penalty $116.62 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 August 2016. 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 August 2016, 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.l(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). 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: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $300.00 3 of the 3 violations of 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 TSS - Conc. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0004464, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $550.00 TOTAL CIVIL PENALTY Enforcement Costs $666.62 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 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 requestmust be accomnaaLedby a waiver of Xom_rightk-an-administrative ri nsta st nidation and agreement that no' factua or legalissues are in�ic ispute. lease prepare a Bile stag a�blis es why you i! 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 thirty (30) dqys 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 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 signedorig—final, one (1) copy and ai—fling teeingfiTfeeis required y NC -GS §730B=23.2) is receivedm the ---T 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax:_ (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, 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 (3 0) 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 theAttorney 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 Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Re ' al Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James &James Environmental/ ORC G:`.WW,WQ`Polk- tWastewater`,\iioorsNWoodland \dills 044(4LV-2017-0(=.rtf IF `� 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); (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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN --OF-CIVII PENALTIES AGAINS) ADMINISTRATIVE-HEAIRSNG 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 (3 0) 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 day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Polk County CASE NUMBER: LV -2017-0022 PERMIT: . NC0004464 REGION: Asheville FACILITY: Woodland Mills WWTP COUNTY: Polk LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation . Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 8/1/2016 8-2016 Solids, Total Weekly mg/I 45 75 66.7 Daily Maximum $100.00 Suspended- Exceeded Concentration 8/11/2016 8-2016 Solids, Total Weekly mg/I 45 90 100.0 Daily Maximum $100.00 Suspended- Exceeded Concentration 8/30/2016 8-2016 Solids, Total Weekly mg/I 45 64 42.2 Daily Maximum $100.00 Suspended- Exceeded Concentration 8/31/2016 . 8-2016 Solids, Total Weekly mg/I 30 40.20 33.9 Monthly $250.00 Suspended- Average Concentration Exceeded 3 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Polk County Facility Name: Woodland Mills WWTP Permit Number: NC0004464 County: Polk Case Number: LV -2017-0022 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; . All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Three Daily Max TSS's exceeded the permit limit by 66.66 %, 100% & 42.22%. One Monthly Average TSS exceeded the permit limit by 33.93%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) . The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. I 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 ®a 1�,®• kq Date G.. Landon Davidson, P.G.-,R�upervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO.: NC0004464 FACILITY NAME: Woodland Mills WWTP OWNER NAME: Polk County GRADE: W W-2 ' eDMR PERIOD: 08-2016 (August 2016) PERMIT VERSION: 4_0 CLASS: WW -2 ORC: Kevin Wayne Bryan ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Polk ORC CERT NUMBER: 1002130 STATUS: Processed i'W,, , .'. LOCATION: EFFU; Q DS Iii A ii \ O, NDM e' ti' NO A w y w U' F m ly F m o E o U 15 Y m o O E F 50050 d m rn y : Continuous U °e Recorder FLOW 00010 Weekly Grab TEMP -C 00400 Weekly Grab pH $0060 2Xweek Grab CHLORINE C0310 Weekly Grab BOD -Cont C0610 Weekly Grab NH3-N-Cont C0530 Weekly Grab SS -Cont 31616 Weekly Grab FCOLIBR 2400 clock Hrs 2400 clock Hrs YB/N mgd deg a su U94 10g/1 -94 UWA #/100101 1 1150 058 Y 0.0005 24.8 6.7 38 5.75 0.217 75 <2 2 0930 05 Y 0.0007 24.6 ' 3 0925 0.42 Y 0.0008 24.6 - 4 1130 0.42 Y 10.0018 -. 24.4 23 5 1120 0.42 Y 0.0022 24.1 6 0.0007 7 0.0007 8 1305 0.42 Y 0.0007 24.6 7.6 1<15 ' 9 0905 05 Y 0:0008 242 3.49 0.141 42.9 <4 10 0910 0.42 Y 0.001 24.1 ' 11 1140 0.42 Y 0.0015 24.8 <15 90 12 0900 033 Y 0.0009 24.8 13 0.0007 14 0.0007 35 1035 0.58 Y 0.0007 27.4 9 28 <2 0.153 24.1 <2 16 0925 OS Y 0.0006 27.8 35.7 17 0930 OS Y 0.0005 25.3 15.7 18 1440 0.33 Y 0.0008 27.1 <15 19 - 0920 - 0.42 Y 0.0003 24.5 20 0.0003 21 0.0003 22 1150 05 Y 0.0003 24.3 7.7 38 23 0910 0.75 Y 0.0005 24.1 ' 24 0940 0.67 Y 0.0005 23.4 133- 0374 14A < 1 25 1150 033 1 Y 0.0009 24.5 26 26 0915 1.00 1 Y 0.0015 24.7 27 0.0018 28 0.0018 29 1145 OS Y 0.0018 24.9 6.6 34 22.1 30 1020 0.5 Y 0.0029 243 3 <0.164 <2 31 0925 OSS Y 0.0028 Monthly Average Limit, 0.015 24.1 30 12 17.9 30 200 Monthly "g': 0.001032 24.843478 20.777778 5.108 0.177 40.16 1 •a:sr•: ;-"< - '+':';!1-°>�Yfliutl°m' 0.0029 27.8 9 38 13.3 0374 90 0 --r,+w�:•.-Dajly-Mlntmnm: 0.0003 23.4 6.6 0 0 0 14.4 0 Nd is Ef�sW �wo rc, OCT 1 1 2016 Water Quality Regional Operations L. AshfMile Ra,ji::na4 Office ENVWTHR=No Visitation -Adverse Weather, NOFLOW=No Flow; HOLIDAY= NoVisitation- Holiday �t U 04 C EN ; RAS. 1'iL P'ti VV R S E -(_'T 10N NPDES PERMIT NO.: NC0004464 FACILITY NAME: Woodland Mills W WTP OWNER NAME: Polk County GRADE: WW -2 eDMR PERIOD: 08-2016 (August 2016) COMPLIANCE: PERMTT VERSION: 4.0 CLASS: WW -2 ORC: Kevin Wayne Bryan ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8286970063 PERMIT STATUS: Active COUNTY: Polk ORC CERT NUMBER: 1002130 STATUS: Processed SUBMISSION DATE: 09/23/2016 ORC/Certifier Signature:" KEVIN W. BRYAN E-Mail:jjemi@bellsouth.net Phone #:8286970063 By this signature, I certify that this report is accurate and complete to the best of my knowledge. Date The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 09/23/2016 Permittee/Submitter Signa re:*** Juanita res E-Mail:jjemi@bellsouth.net Phone #:828-697-0063 Date Permittee Address: 4021 NC Hwy 108 Mill Spring NC 28756 Permit Expiration Date: 07/31/2018 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: James & James Environmental Mgt, Inc. CERTIFIED LAB #: 482 PERSON(s) COLLECTING SAMPLES: Kevin Bryan PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting htip://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period * * ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: N00004464 PERMIT VERSION: 4.0 PERMIT STATUS: Active FACILITY NAME: Woodland Mills WWTP CLASS: WW -2 COUNTY: Polk OWNER NAME: Polk County ORC: Kevin Wayne Bryan ORC CERT NUMBER: 1002130 GRADE. -.WW -2 ORC HAS CHANGED: No eDMA PERIOD: 08-2016 (August 2016) VERSION: 1.0 STATUS: Processed -L I CAL �A,1.'--d 3W, BOD data Y"- GGA was gfefftef than 228.5—mg-4— Or. the 2N4tffht and 3 BE)D daft vaUd; Blank was >9.20 mg�,F- %the ls� R9D data valid; RPD>30%. On the 31 st, TSS data valid; Duplicate exceeded QC criteria. The percent removal for the above stated month for your system: BOD -5 day: 98.78% and Total Suspended Solids: 96.59%. It was determined that the school had the floors stripped and cleaned. The waste from that process was sent to the waste water facility again this year, despite the reminder each year to the contractor to dispose of the waste properly. This toxic loading caused the bacteria in the facility to "run away" and thereby caused the solids level to increase. As the process was completed for school, the facility quickly regained compliance. JAMES &JAMES ENVVIRONMENTAL MANAGEMENT, INC \ PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE August, 2016 Client: Polk County / Woodland Mills NPDES PERMIT NUMBER: NC0004464 Enclosed is the information with regard to the percent removal as is required on the DMR. This information is required to be submitted on a form attached with the DMR for the month being submitted. Therefore: Below is the percent removal for the above stated month for your system: BOD — 5 DAY: 98.78% TOTAL SUSPENDED SOLIDS 96.59% This percent removal was not in compliance with your permit. Total Suspended Solids 75.0 mg/l on the 1St 90.0 mg/1 on the l It" 64.0 mg/1 on the 30th Monthly Average 40.1 mg/1 It was determined that the school had the floors stripped and cleaned. The waste from that process was sent to the waste water facility again this year, despite the reminder each year to the contractor to dispose of the waste properly. This toxic loading caused the bacteria in the facility to "run away" and thereby caused the solids level to increase. As the process was completed for school, the facility quickly regained compliance. You should anticipate a monetary fine for this infraction. Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and one copy have been sent to the State on your behalf. Please place this report in your file for future reference. aA you for choos' James & James as your service company. .,yam J ita James