NC0079561_MV-2017-0013_20170629

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Certified Mail # 7016 1370 0001 6571 8454
Return Receipt Requested
June 29, 2017
John Boone, Mayor
Town of Elk Park
PO Box 248
Elk Park, NC 28622-0248
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 NCO079561
Town of Elk Park
Elk Park WWTP
Case No MV -2017-0013
Avery County
Dear Permittee
ROY COOPER
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MICHAEL S. REGAN
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permitting
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $287.01 ($170 39 civil penalty +
$116.62 enforcement costs) against Town of Elk Park
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Elk Park for the month of December 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 NCO079561 The
violations, which occurred in December 2016, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Town of Elk Park violated the terms, conditions or
requirements of NPDES WW Permit No NCO079561 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 Town of
Elk Park
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

•� 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 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: W-2017-0013
Assessed Party: Town of Elk Park
Permit No.: NC0079561
County: Avery
Amount Assessed: $287.01
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:

ATTACHMENT A
Town of Elk Park
CASE NUMBER: MV -2017-0013
PERMIT: NCO079561
FACILITY: Elk Park WWTP
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Asheville
COUNTY: Avery
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
12/31/2016 12-2016 Nitrogen, Total - Semi-annually mg/I Frequency $10000
Concentration Violation
12/31/2016 12-2016 Phosphorus, Total (as Semi-annually mg/I Frequency $7039
P) - Concentration Violation

DIVISION OF WATER RESOURCES - CIVIEL PENALTY ASSESSMENT (File)
Violator: Town of Elk Park
Facility Name: Elk Park WWTP
Permit Number: NC0079561
County: Avery
Case Number: MV -2017-0013
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.
Potential violations may not be revealed with "Failure to Monitor."
2) The duration and gravity of the violation;
Total Nitrogen and Total Phosphorus were only monitored once of two required Semi-annual
samplings per the requirements of the NPDES permit.
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.
Potential violations may not be revealed with "Failure to Monitor "
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The total amount of money saved is unknown
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.
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.
$11662
L-I�()j[
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.- NCO079561
FACILITY NAME: Elk Park W WTP
OWNER NAME: Town of Elk Park
GRADE: WW -3
eDMR PERIOD. 12-2016 (December 2016)
PERMIT VERSION: 4 0 PERNIIT STATUS: Active
CLASS: WW -2 COUNTY: Avery
ORC: Tyler Shane Boone ORC CERT NUMBER- 1004081
ORC HAS CHANGED: No
VERSION. 2 0 STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
**** No Reporting Reason ENFRUSE=NoFlow-Reuse/Recycle, ENVWTHR=NoVisitation — Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday
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**** No Reporting Reason ENFRUSE=NoFlow-Reuse/Recycle, ENVWTHR=NoVisitation — Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday
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i7irision o�NJater l;es�urcf
TOWN OF ELK PARK
PO Box 248 2017
Elk Park, NC 28622 ��� 2 �
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6/16/17
Division of Water Resources
Attn: Janet Cantwell
2090 US 70 HWY
Swannanoa, NC 28778
Ms. Cantwell:
Please fine attached a copy of the April 2016 DMR showing the
total nitrogen and total phosphorus results.
I have looked in my records and evidently we have only pulled
those samples once last year instead of twice as the permit
requires.
I became ORC of the wastewater treatment plant in the middle
of the year. This has provided Otis more time to spend with the
water treatment and provided me with the time that is needed to
run the wastewater treatment plant properly. I truly apologize
for this oversite and assure you that this will not happen again.
I have already pulled the total nitrogen and total phosphorus
sample once this year and have it scheduled on my calendar to
do so again in October.
If you have any questions feel free to contact me at 828-387-