SLAS2721_NOV_20191025

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

November 18, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED

SUBJECT: Notice of Violation
Compliance Inspection Report
Atlantic Sewage Control
Septage Land Application Site, SLAS-27-21
Currituck County

Dear Mr. Smith:

On Friday, October 25, 2019, Jeffrey Bullard, representing the State of North Carolina, Division of
Waste Management Solid Waste Section, inspected the above referenced facility for compliance
with North Carolina solid waste statutes and rules. The following violation(s) were noted:

A. 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 southern end of Field 2 where
ponding of septage was observed in rutted areas as a result of an application of septage
completed prior to the site inspection.

B. 15A NCAC 13B .0842(a)(9) septage shall not be applied to a site if the application
method will result in ruts greater than three inches in the soil surface;

• Violations of the above stated rule were found on the southern end of Field 2 where ruts
were observed greater than three inches in depth.

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 Violation
Page 2 of 3
11/18/19

C. 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 abutting the
northern end of Field 4. At this location areas were observed that were inundated by
grease septage.

D. 15A NCAC 13B .0842(a)(16) the site shall be managed to minimize soil erosion and
surface water runoff. Appropriate soil and water management practices shall be
implemented and maintained in accordance with the erosion and run-off management
plan submitted in accordance with Rule .0840(c)(14) of this Section. All water control
structures shall be designed, installed, and maintained to control the run-off resulting
from a 10-year storm;

• A Violation of the above stated rule was observed at the north end of Field 4 where the
buffer area was plowed. The soil surface in this area was bare. No crop as specified in
the Soil Erosion and Runoff Control Plan was present.

Based upon the foregoing, Atlantic Sewage Control shall come into compliance by November 26,
2019 with all requirements of the regulations in 15A NCAC 13B .0842 by completing the following:

1. Immediately ensure septage is being 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.
2. The surfaces on the southern end of field 2 sealed by compaction and rutting should be
repaired to reduce the likelihood of septage ponding after applications are complete.
3. Immediately limit traffic on fields when soil moisture conditions are favorable to rutting
and compaction.
4. NOTE: An email was sent on 10/28/19 regarding violation C above. In the email,
notification was given regarding the violation as well as instructions for cleanup and
remediation of the area. A copy of this email is attached to this letter. Ensure all septage
material on the unpermitted area in the vicinity of field 4, has been removed and disposed
of in a manner consistent with NC Septage rules as previously instructed.
5. Immediately ensure the impacted area at the northeastern end of Field 4 has been
treated with hydrated lime to reduce pathogens and vector attraction as previously
instructed.
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 Violation
Page 3 of 3
11/18/19

6. Immediately ensure that drivers and equipment operators are aware of the necessity of
applying septage only within the permitted boundaries and comply with the requirements
of 15A NCAC 13B .0842.
7. A buffer shall be established on the northern border of field 4 and maintained consistent
with the Soil Erosion and Runoff Control Plan that states, “Given that slopes on this site
do not exceed five percent, a 50 foot buffer, planted in Bermuda grass and rye, should
suffice to prevent septage waste from migrating off of the fields”. Atlantic Sewage Control shall provide a written certification with supporting documentation on
company letterhead confirming the noted compliance schedule has been completed. Include in
this certification any actions taken to prevent these violations from occurring in the future.
Mail this certification to the address below by the noted compliance date. Jeffrey Bullard
Environmental Specialist II
Division of Waste Management-Solid Waste Section
1646 mail service center
Raleigh, NC 27699-1646 The violation(s) listed above were observed by Section staff and require action on behalf of the
facility in order to come into or maintain compliance with the Statutes, Rules, and/or other
regulatory requirements applicable to this facility. 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. Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Violation. If you have any questions please contact me at [phone] or e-mail
[e-mail] Sincerely,

Jeffrey Bullard
Environmental Specialist II
Division of Waste Management - Solid Waste Section copies: Adam Ulishney, Environmental Compliance Branch Head
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Bullard, Jeffrey R
From:Bullard, Jeffrey R
Sent:Monday, October 28, 2019 2:14 PM
To:[e-mail]
Subject:Field 4, S. Bayveiw Road, SLAS-27-21
Attachments:SLAS2721_PERMIT_RENEWAL_20160216 7.pdf; IMG_1540.JPG; IMG_1550.JPG; IMG_6608.JPG
Sammy, 

During an inspection Friday afternoon at the S. Bayveiw Road site, (SLAS‐27‐21), a non‐permitted area adjacent to Field 4 
was observed that was inundated by what appeared to be grease septage.  Please see the attached photos and the .pdf 
showing the affected area highlighted in yellow by field 4.  The area needs to be remediated as soon as possible.   

Remedial measures shall include the following: 

•             All liquid septage constituents be removed from the affected area and be disposed of in a manner consistent 
with NC Septage rules.  
•             The affected area is to be treated with hydrated lime. 
•             The affected area is to be seeded to establish a vegetative buffer.   
•             A vegetative buffer no less than 50 feet wide is to be maintained along the non‐wooded boundaries of field 4 
unless a wider buffer is already required. 

If you have any questions please contact me. 

Sincerely, 

Jeffrey Bullard, LSS 

Environmental Specialist II 
Division of Waste Management, Solid Waste Section  
North Carolina Department of Environmental Quality 

(919) 707‐8285 office/fax 
(919) 632‐7187 mobile  

[e-mail] 

Physical Address: 
217 West Jones Street 
Raleigh, NC 27603 

Mailing Address: 
North Carolina Department of Environmental Quality 
Division of Waste Management‐Solid Waste Section 
1646 Mail Service Center 
Raleigh, NC 27699‐1646 

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North Carolina Public Records Law and may be disclosed to third parties