NC0004464_LV20170103 Remission Request_20170519

Win_
May 11, 2017
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Polk County, Woodland Mills WWTP
NPDES Permit No. NC0004464
Case Number: LV -2017-0103
Dear Mr. Davidson,
RECEIVEDINCDEWWR
MAY 19 2017
duality
Permitting Section
This letter is in response to the above NOV dated April 04, 2017 and received by James & James on or
about April 11, 2017. The violation was for the month of October, 2016.
The day of elevated results has a influent result of 2584 mg/L and an effluent result of 69.3 mg/L. This is a
97.32% reduction. The facility was doing all it was required to do. However, the Polk County
Government in conjunction with James & James personnel are working to find a solution to the problems
that confront us.
James & James had the facility pumped down and repaired a hole in the divider wall between the aeration
basin and the clarifier. This repair ended the short circuiting in the clarifier.
James & James and Polk County met to discuss options for eliminating the surge flows from the school into
the treatment plant. We are investigating adding and equalization basin and digester. We have already
placed the floats on the lift station as close together as possible to eliminate long term surge flows.
Thank you for your attention to this matter.
With highest regards,
Juanita James

Case Number: LV -2017-0103
Assessed Party: Polk County
Permit No.: NC0004464
JUSTIFICATION FOR REMISSION 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. § 143B7282.1(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. 14313-282.1(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 CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Polk County )
Woodland Mills WWTP )
PERMIT NO. NC0004464 ) CASE NO. LY -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 A aril 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 C. day of 201L
SIGNATUiL
ADDRESS
TELEPHONE