Loading...
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 AU G -1 2017 Water Q Seon dY 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 Z2 a4aazQ SIGNA ADDRESS TELEPHONE q08 - rogq-D06 _;3