SLAS2721_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-27-21
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
violation(s) of North Carolina solid waste statutes and rules were noted:

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 grease septage was observed on the ground
surface outside of the permitted field boundary.

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 corrective actions listed in the NOV
letter be taken immediately upon receipt of this notice:

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
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

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 [phone] 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