HomeMy WebLinkAboutNC0004464_LV20170188 Remission Request_20170726July 26, 2017
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
(828) 697-0063 OFFICE
(828) 697-0065 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 -2017-0188
Dear Mr. Davidson,
RECEIVEDINCDE0JDWR
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Water Q Seon
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Permitting
This letter is in response to the above referenced case number for Woodland Mills WWTP dated June 26,
2017 and received by James & James on or about June 30, 2017. The violation was for the month of April,
2017
The owners and operators are continually striving to find the cause for exceeding the permit limit. We have
found the discharge of strong chemicals to the influent and have corrected this practice; we have found and
repaired a notable hole in the clarifer wall that caused turbid water; we have pumped and reseeded the
facility from being killed out Our efforts have not stopped there. We have secured the assistance of Odom
Engineering, Dave Odom, with the plans for a new chlorine contact chamber. This will allow for the
proper detention time and allow for the proper disinfection This should eliminate the Fecal Coliform
exceedences. We have also engaged Mr. Odom's services to began investigation into what would best
serve our continued needs. This would include options of an Equalization Basin, Digester and, potentially
another wastewater sister plant.
We are striving to find the best alternative to our situation so that we are good stewards of our impact on
the environment
We thank you for the time and effort this review entails. We would greatly appreciate consideration of the
fine
Thank you,
Juanita James
t
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0188 County: Polk
Assessed Party: Polk County/ Woodland Mills'WWTP
PAmount Assessed: 5216
Permit No.: NC0004464.62
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 maybe 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);
X (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 C. e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: OtURUAd
I I i
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. LV -2017-0188
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 L, 20_7
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ADDRESS
TELEPHONE
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