NC0004464_LV20170188_20170626

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WaterRosowcos
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Certified Mail # 7016 1370 0001 6571 8362
Return Receipt Requested
June 26, 2017
D Marche Pittman
Polk County
PO Box 308
ROY COOPER.
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MICHAEL S. 12EGAN
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S. JAS` ZIMMERlV AN,
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RECEIVED/NCDEWWR
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 -2017-0188
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 April 2017. 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 April 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 I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$0.00 0 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.
$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 FCOLI BR
$10000 TOTAL CIVIL 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 -282.1(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 thgty(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 (3 0) 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 in. and 5.00 p in., 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 fee (if a filing fee is required by NCGS § 15013-23.2) 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 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 at janet [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
VNTater 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 %WRSWQ\Polk\Wastewater`\lmors\N'oodl.2nd Mills 044b4�Enfoicements\L�-2017-OLSS rtf

L_
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0188 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.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 -2017-0188
J
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 (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 , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Polk County
CASE NUMBER: LV -2017-0188
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
4/11/2017 4-2017 BOD, 5 -Day (20 Deg
Weekly
mg/I
45
4670 38
Daily
$000
C) - Concentration
Maximum
Exceeded
4/11/2017 4-2017 Coliform, Fecal MF,
Weekly
#/100ml
400
600 500
Daily
$10000
MFC Broth, 44 5 C
Maximum
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 -2017-0188
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 3.77 %.
One Daily Max Fecal exceeded the permit limit by 50%.
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 tune 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 three 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 WWTP
OWNER NAME: Polk County
GRADE: WW -3
eDMR PERIOD: 04-2017 (April 2017)
PERMIT VERSION: 4 0
CLASS: WW -2
ORC: Juanita. Reed James
ORC HAS CHANGED: Yes
VERSION: 2 0
PERMIT STATUS: Active
COUNTY: Polk
ORC CERT NUMBER: 24074
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
q
F3
u`
8
e
F
h
O
HContinuous
g
O
50050
p
Recorder
Z FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
PH
50060
2Xweek
Grab
CHLORBVE
3
Weekly
Grab
Boo
C0610
Weekly
Grab
NH3-N-Con.
C0530
Weekly
Grab
TSS -Cone
31616
Weekly
Grab
FCOLIB
2400 eloek
Era
2400 elaek
11M
Y/B/N
mgd
deg c
so
ug/l
m
mg/l
1119/1
#/100m1
1
00013
2
00013
3
1625
OS
B
00013
174
69
<15
4
1045
05
B
00019
198
526
10221
276
<1
5
1055
0.58
B
00021
166
< 15
6
1510
OS
B
00064
165
1
1340
OS
B
0 002
164
8
00005
9
0 0005
10
11108
025
Y
00005
164
11
1243
027
Y
0003
165
73
<15
467
781
133
>600
12
1214
058
Y
00019
165
<15
13
1057
100
Y
00026
166
14
00006
is
00006
16
00006
17
1702
040
Y
00006
168
18
1249
117
Y
000067
167
65
<15
224
0231
128
19
1438
05
Y
00003
173
< 15
23
20
1210
017
Y
00025
174
21
1420
015
Y
00076
1 H
H
H
H
H
H
H
220
0076
23
00076
24
0943
03
Y
00076
16
<15
25
1502
05
Y
00097
186
63
<15
31
3 45
406
< i
26
1022
023
Y
00015
184
22
1154
037
Y
00034
184
1648
025
Y
00022
1189
29
00022
30
00022
Monthly Aver 2ge Lumt 0015
30
12
30
200
Monthly Average 0002759
17 288889
0
2634
2 928
23 575
10 838515
Dedy Mazimum• 00097
198
73
0
467
1781
406
600
Daly Mmuvum 100003
16
16 3
10
516
0 221
1128
10
**** No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=NoVisitation — Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday

NPDES PERMIT NO.. NC0004464
FACILITY NAME: Woodland Nfills W WTP
OWNER NAME: Polk County
GRADE WW -3
eDMR PERIOD. 04-2017 (April 2017)
PERMIT VERSION: 4 0
CLASS. WW -2
ORC: Juamta Reed James
ORC HAS CHANGED Yes
VERSION 2.0
PERMIT STATUS: Active
COUNTY: Polk
ORC CERT NUMBER: 24074
STATUS: Processed
Report Comments.
On the 4th and 18th and 25th, BOD data valid, Blank was >0 20mg/L Or the 18th and 25th, BOD data valid, GGA was greater than 228 5mg/L On the 18th, TSS data valid,
Duplicate exceeded QC criteria
*REVISED TO SHOW CORRECT FLOW AND HOLIDAY ON THE 14TH