NC0004464_LV20170103_20170404

Certified Mail # 70151520 0003'5463 4729
Return Receipt Requested
April 04, 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 -2017-0103
Polk County
Dear Permittee:
as
This lever transmits,a Noticee of Violation:and assessment of civil penalty in the. amount of $466 62 ($350.00 civil penally+. :
$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 October 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 October 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. 143-215.1(x)(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

r
$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0004464, by discharging waste water into r
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.
$350.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$466.62 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 properly
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 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;
(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 thirtx Q0Lys 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 maybe fled 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) 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' : 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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional 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:\WR',WQ",Poll;`iWast 7varef:ivlinors\Woodland'Aills 04464",U-2017-0103.af

Case Number: LV -2017-0103
Assessed Party: Polk County
Permit No.: NC0004464
JUSTIFICATION FOR RENHSSION REQUEST
County: Polk
Amount Assessed: $466.62
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. § 14313-282.1(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
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Polk County ,
Woodland Mills WWTP
PERMIT NO. NC0004464
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0103
Having been assessed civil penalties totaling $466.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 04, 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 (3 0) days from the receipt of the
notice of assessment.
This the
day of , 20
TELEPHONE
SIGNATURE

ATTACHMENT A
Polk County
CASE NUMBER: LV -2017-0103
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 Month/Yr
Parameter
Frequency Measure Value Value Limit Type Amount
10/12/2016 10-2016
Solids, Total
Weekly mg/I 45 69.30 54.0 Daily $100.00
Suspended—
Maximum
Concentration
Exceeded
10/31/2016 10-2016 Solids, Total Weekly mg/I 30 39.20 30.7 Monthly $250.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File
Violator: Polk County
Facility Name: Woodland Mills WWTP
Permit Number: NC0004464
County: Polk
Case Number: LV -2017-0103
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;
One Daily Max TSS exceeded the permit limit by 54%.
One Monthly Average TSS exceeded the permit limit by 30.7%.
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.
G); 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 has been one civil penalty enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NC0004464
FACILITY NAME: Woodland Mills W WTP
OWNER NAME: Polk County
GRADE: WW -2
eDMR PERIOD: 10-2016 (October 2016)
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Kevin Wayne Bryan
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Polk d
ORC CERT NUMBER: 1002130
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
A
B
U' F+
B 9
E"
c e
5
F O
y
C
F
o
O
50050
y ; Continuous
C � Y
Recorder
U a
O z a FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
pH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Grab
I BOD -Cone
C0610 C0530
Weekly Weekly
Grab Grab
N93 -N -Co c TSS -Cone
31616
Weekly
Grab
FCOLIBR
81010
Calculated
BODS -%R
2400 clock
Hrs 12400 dock
Hrs
YBM mgd
deg c
an
ug/l
m9/1
m9/1
''1
N100ml
percent
1
0.0014
2
0.0014
3
1135
0.58.
Y 0.0046
21.7
7.3
36
3.09
0.108
26.7
1<1
4
1330
0.25
Y 0.0041
21.6
'
5
11025
0.33
Y 1 0.0014
20.7
42
6
1410
0.33
Y 0.0037
21.8
7
1145
0.33
Y 0.0016
21.6 .
8
0.0006
9
0.0006
10
1250
.67
Y 0.0006
19.9
7.6
46
11
0930
0.5
Y 0.0006
18.9
12
1000
1.0
1 Y 1 0.0023
17.6
4.61
1.22
69.3
< 1
13
1150
.75
Y 0.003
19.2
34
14
10910
0.33
Y 0.0026
119
15
0.005
16
0.005
17
1148
0.87
B . 0.005. ._ -
19.2
_
.. .
18
..._, ...._
-.f ... , -. .� .. ..-.... _.
1248 0.37 B* - 0.0071
19.8
-
-
19
1235
0.42
B 0.0068
22.5
6.58
<15
12.9
0.401
41.5
<2
20
1646
0.3
B 0.0086
22.3
j< 15
21
1310
0.17
B 0.004
22
22
0.0021
23
0.0021
24
1210
.83
Y 0.0021
18.5
7
30
3.9
0.112
34.1
<2
25
0920
0.42
Y 0.0013
17.9
26
0945
.92
ly 0.0027
17.2
19,1
27
1245
.75
Y 0.0086
19
38
44.6
28
1135
.75
Y 0.0038
19.6
29
0.006
30
0.006
31
1345
.33
Y 1 0.006
20.2
7
97.488
Monthly Average Limit: 0.015
30
12
30
200
MouthlyAverage: 0.003571
20.009524
1
128.25
6.125
10.46025
39.2166b
1
97.488
Daily Maximum: 0.0086
22.5
7.6
46
12.9
1.22
69.3
0
97.488
Daily Minimum: 0.0006
117.2
6.58
0 13.09.
0.108
119.1
0
97.488
No Re ort�g �Sb E �I Fr-Reus.dRec cle; ENVWTHR=No Visitation- Adverse Weather, NOFLOW=No Flow; HOLIDAY =NoVisitation -Holiday
P I6 4� G 1/ y y
ision o 1Nater R sr,
s _
mi
L!
s 3
ON 3 2016
Water t umflsfr Regional Operations '�='i t:s"',f ="i?-;�S

NPDES PERMIT NO.: NC0004464 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
eDMR PERIOD: 10-2016 (October 2016) VERSION: 1.0 STATUS: Processed
COMPLIANCE: CONTACT PHONE #: [phone] SUBMISSION DATE: 11/22/2016
r 11/22/2016
ORC/ ertifier Signature: KEVIN W.' BRYAN E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
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.
11/22/2016
Permittee/Submitter Signatut*** Juanita lamas E-Mail:[e-mail] Phone #:[phone] 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 [phone] or by visiting http://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.: NC0004464
FACILITY NAME: Woodland Mills W WTP
OWNER NAME: Polk.County
GRADE: WW -2
eDMR PERIOD: 10-2016 (October 2016)
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Kevin Wayne Bryan
ORC HAS CHANGED: No.
VERSION: 1.0
CFA
PERMIT STATUS: Active
COUNTY: Polk
ORC CERT NUMBER: 1002130
STATUS: Processed
Report Comments:
BOD on3rd - data valid; GGA was greater than 228.5mg/L
BOD on 12th andl9th - data valid; Blank was >0.20mg/L and GGA was greater than 228.5mg/L. The percent removal for October for your system: BOD -5 day, 97.488% and
Total Suspended Solids, 98.273%. This percent removal was in compliance with your permit. The facility also experienced an elevated Total Suspended Solids on the 12th at
69.3 mg/l. The influent on that day was 2584 mg/1 with a percent reduction of that day of 97.32%. This did cause the facility to be non-compliant at 39.22 mg/l for a monthly
average. While the facility did meet the percent reduction requirements for that day, this high of influent solids is too much for the facility to accommodate. The operator is
adjusting the facility as best as possible under these circumstances.

t
JAMES &. JAMES ENVIRONMENTAL MANAGEMENT, INC
,. PO BOX 519, MOUNTAIN HOME, NC 28758
_ [phone] OFFICE
[phone] FAX
October, 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:
97.488%
TOTAL SUSPENDED SOLIDS
98:273%
This percent removal was in compliance with your permit.
.The facility also experienced an elevated Total Suspended Solids on the 126, at 69.3 mg/l. The influent on
fat day. was 75,84 mgj y✓ith a percent reduction.orrthat day.=of 97.32% l`h_ i -did cause thefacility to be e -
non-compliant at 39.22 mg/1 for a monthly average. While the facility did meet the percent reduction
requirements for that day, this high of influent solids is too much for the facility to accommodate. The
operator is adjusting the facility as best as possible under these circumstances.
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..
4Th you or
rrcchoosing James & James as your service company.
a James

Sum of Total Case Penalties; $1,483.24
Total Penalties After Remissions: $1,483.24
Permit Enforcement History
Details by Owner
4/3/2017
Owner: Polk County
Facility Woodland Mills WVVTP
I'!
Permit: NC0004464
Region: Asheville County Polk
Penalty
Remission -.7
Enf Enf
EMC EMC OAH
Collection Has
Assessment Penalty
Case MR
Enforcement
Request
Damages
Conf Remission
Hearing Remission Remission
MemoSent Total Balance Pmt
Case
Number Approved Amount
Costs
Received
Held Amount -
Held Amount Amount
To AGO Paid Due Plan
Closed
LV -2002-0103 4/19/02 $250.00
$100.00
$350.00 $0.00 No
5/10/02
LV -2017-0022 8-2016 1/20/17 $550.00
$116.62
2/9/17
3/7/17 $0.60
$666.62
$0.00 No
3120/17
LV -2017-0103 10-2016 3/31/17 $350.00
$116.62
$466.62 No
Total Cases: 3 Total Penalty Amount:
$1,150
Total Enforcement Cosi:
$333.24
Sum Of Total Paid:$1,016.62
Total Balance Due: $466.62
Sum of Total Case Penalties; $1,483.24
Total Penalties After Remissions: $1,483.24