NC0004464_LV20170187_20170626

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WWatorpeources
SWIMNKRNTACULIALITY
Certified Mail # 7016 1370 0001 65718355
Return Receipt Requested
June 26, 2017
Rolf' COOPER
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MICHAEL S. REGAN
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D Marche Pittman RECEIVED/NCDE
Polk County®�R
PO Box 308 JUN 3 0 2017
Columbus, NC 28722-0308
Water Quality
Permitting Section
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 -2017-0187
Polk County
Dear Permittee
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216 62 ($100.00 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 March 2017 This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found to NPDES WW Permit No. NC0004464 The
violations, which occurred in March 2017, 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(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 Environmental Quality 1 Water Resources
2090 U S 70 Highway, Swamianoa, NC 28778
828-296-4500

$100.00 1 of the 1 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 BOD - Cone.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00004464, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone
$100.00 TOTAL CIV EL PENALTY
$116.62 Enforcement Costs
$216 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 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.I(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 thirt(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

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 signed original, one (1) copy and a filing fez (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: (919; 733-3478
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 a 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
G\WR`h4QtPolk\W:utewnteraylmors\Woodland Hills 04463\Entoicement5\LV 017-0197rtf
C

I
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0187 County: Polk
Assessed Party: Polk County/ Woodland Mills WWTP
Permit No.: NC0004464 Amount Assessed: $216.62
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.0 G S 143B -282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the cavil penalty assessment document),
(b) the violator promptly abated continuing environmental damage resulting from the violation (a 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 wall 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 1
PERMIT NO. NC0004464 ) CASE NO. LV -2017-0187
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 26, 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
day of
ADDRESS
TELEPHONE
SIGNATURE
t

PERMIT: NC0004464
FACILITY: Woodland Mills WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
ATTACHMENT A
Polk County
CASE NUMBER: LV -2017-0187
REGION: Asheville
COUNTY: Polk
Violation
Date
Report
MonthNr
Parameter
Frequency
Unit of
Measure
Limit
Value
Calculated
Value
% Over
Limit
Violation
Type
Penalty
Amount
3/8/2017
3-2017
BOD, 5 -Day (20 Deg
Weekly
mg/I
45
6530
451
Daily
$10000
C) - Concentration
Maximum
Exceeded
3/8/2017
3-2017
Solids, Total
Weekly
mg/I
45
4830
73
Daily
$000
Suspended-
Maximum
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Polk Countv
Facility Name: Woodland Mills WWTP
Permit Number: NC0004464
County: Polk
Case Number: LV -2017-0187
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 BOD exceeded the permit limit by 45.11%.
One Daily Max TSS exceeded the permit limit by 7.33%.
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.
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 two civil penalty enforcements 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: 03-2017 (March 2017)
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Kevin Wayne Bryan
ORC HAS CHANGED: No
VERSION• 1.0
,1
PERMIT STATUS: Active
COUNTY: Polk
ORC CERT NUMBER: 1002130
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE lit®.: 001 NO DISCHARGE*: NO
q
e
U
o
e
a
F
O
e
P
°
U
8
a
O
a
a
Z
50050
Continuous
Recorder
FLOW
00010
Weekly
Grab
TEMF-C
00400
Weekly
Grab
PH
50060
2Xweek
Grab
CHLORINE
0310
Weekly
Gtab
BOD -Co
C0630
Weekly
Grab
NH3-N-Cor
C0530
Weekly
Grab
e TSS -Con
31616
Weekly
Grab
FCOLIBR
81010
Calculated
BOD5-%R
2400 clock
Hrs
2400 clock
Hrs
YINN
mgd
deg c
su
ug/l
mg/1
I mg/1
mg/I
N1001al
percent
1
1235
05
Y
00019
163
344
193
196
<1
2
1425
0 58
Y
00026
159
< 15
3
1535
1042
Y
1
00022
142
4
00026
5
00026
6
1500
1067
Y
00026
146
73
< 15
7
1420
03
Y
00043
15 3
e
1240
108
Y
00031
156
65 3
166
48 3
< 1
9
1355
1067
Y
00057
155
< 15
1,101
10
1210
042
Y
00013
157
11
0 001
Iz
0 001
13
1645
067
Y
0 001
97
7
< 15
14
1425
042
Y
00019
13 3
15
1115
05
Y
0,0013
113
159
13
9
<2
16
1425
05
Y
0,0033
122
< 15
17
1325
0 58
Y
00012
116
16
00012
19
00012
20
1520
058
Y
00012
13
71
< 15
21
1420
058
Y
00011
154
16 1
0 852
711
< 1
zz
1510
025
Y
00026
15
23
1410
05
Y
00016
143
<is
24
1050
067
Y
00014
144
25
00011
26
1
1
100011
27
1635
105
Y
00011
17
7
< 15
28
1110
105
Y
00009
174
29
1215
067
Y
00025
174
<15
116
0314
38
<1
30
1445
033
Y
00033
165
31
1055
0 5
Y
00017
174
196799
Monthly Average Limit 0015
30
33
30
200
MantltlyAverage
0001987
1473913
0
2866
112112
117562
1
96 799
DadyManmum•
0,0057
174
73
0
653
1193
1483
0
96 799
Dauy Mmunum0
0009
9 7
7
0
11 6
0 314
138
0
96 799
****No Reporting Reason WRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVlsltation—Hohday

NPDES PERMIT NO.: NC0004464
FACILITY NAME. Woodland Mills W WTP
OWNER NAME: Polk County
GRADE: WW -2
eDMR PERIOD. 03-2017 (March 2017)
PERMIT VERSION: 4 0
CLASS- WW -2
ORC- Kevm Wayne Bryan
ORC HAS CHANGED: No
VERSION. 10
Report Comments -
On the 1 st, 8th, 15th and 29th, BOD data valid, Blank was >0 20mg/L
Below is the percent removal for the above stated month for your system.
BOD-5Day
96799%
TOTAL SUSPENDEDSOLIDS
9863%
The percent removal was in compliance with your permit
PERMIT STATUS: Active
COUNTY: Polk
ORC CERT NUMBER: 1002130
STATUS: Processed
This facility experienced an elevated BOD on the 8th of March at 65 3 mg/l and TSS of 48 3 mg/l on the same day The facility, on both of these parameters, was greater than
96% removal This far exceeds the required 85% removal of the permit We are working together to find a solution to the sporadic issues that causes the elevated results
You may receive a monetary fine for this month