SLAS2718_NOCV_20200102

North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200
January 2, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sammy Smith
PO Box 2560
Kitty Hawk NC 27949
SUBJECT: Notice of Continuing Violation
Atlantic Sewage Control
Septage Land Application Site, SLAS-27-18
Currituck County
Dear Mr. Smith:
On November 18, 2019, the State of North Carolina, Division of Waste Management Solid Waste
Section (Section) issued a Notice of Violation letter to Atlantic Sewage Control regarding facility
violations at the above referenced facility. The Solid Waste Section conducted a follow-up
inspection of the site on December 19, 2019. During this inspection the following additional
violations of North Carolina solid waste statutes and rules were noted:
A.15A NCAC 13B .0842(a)(12) all septage discharges, including aerial drift from
discharges, shall be made within the permitted boundaries of the land application
site;
•Violations of the above stated rule were found on the unpermitted field southwest of
Field 1 where septage was observed discharged onto the ground surface.
B.15A NCAC 13B .0842(a)(7) septage shall be applied to the surface of the land
from a moving vehicle to have no standing liquid or soil disturbance resulting
from the waste flow after the discharge is complete;
•Violations of the above stated rule were found on the unpermitted field southwest of
Field 1 where ponding of septage was observed in rutted and depressional areas as a
result of septage being discharged onto the ground prior to the site inspection.
C.15A NCAC 13B .0842(a)(15) solids resulting from septage treatment shall not be
land applied unless the solids are treated to meet pathogen reduction and vector
attraction reduction requirements in 40 CFR 503, and the permittee has
demonstrated to the Division that the solids will be land applied with uniform
distribution over the entire permitted application area at agronomic rates with
standard agricultural spreading equipment;
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200
Atlantic Sewage Control
Notice of Continuing Violation
Page 2 of 2
1/2/2020

• Violations of the above stated rule were found at the west corner of Field 1 where spent
peat wastewater treatment media was observed piled at the edge of the permitted field
and onto the buffer area. Due to the fact that the violation(s) noted in the November 18th letter have not been corrected
and that subsequent violations have occurred, at this time; you are hereby notified that the
Section intends to move forward in the enforcement process. In order to potentially abate any
further action forthcoming, it is recommended that the following corrective actions in addition
to those listed in the NOV letter be taken immediately upon receipt of this notice.
• All septage should be removed from the unpermitted field southwest of Field 1 and be
disposed of in a manner consistent with NC Septage rules.
• The surfaces of the affected areas are to be treated with hydrated lime.
• The affected areas are to be planted with a cool season grass.
• The peat filter media should be removed from Field 1 and disposed of in an approved
landfill or land applied on a permitted field per 15A NCAC 13B .0842(a)(15) Be advised that pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $15,000 per day
may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or
all responsible parties may also be subject to enforcement actions including penalties, injunction
from operation of a solid waste management facility or a solid waste collection service and any
such further relief as may be necessary to achieve compliance with the North Carolina Solid
Waste Management Act and Rules. We solicit your cooperation and would like to avoid taking further enforcement actions. At the
same time, it is your responsibility to comply with the requirements of the General Statutes
and/or the North Carolina Administrative Code. If you have any questions regarding this matter,
please feel free to contact me at 919 707 8285 or [e-mail] Sincerely,

Jeffrey Bullard
Environmental Specialist II
Division of Waste Management – Solid Waste Section

copies: Adam Ulishney, Environmental Compliance Branch Head
Chester Cobb, Environmental Program Consultant, Raleigh Central Office