WQCS00209_DV-2020-0161 CPA Factors (JOP)_20201211

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Sandler Utilities — Ea2le Creek Subdivision Collection System
County: Currituck
Case Number: DV-2020-0161
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
No itemized evaluation of harm has been compiled, calculated or otherwise documented in these
categories. However, the potential for harm to natural resources, public health and private property as a
result of these violations was very significant. The discharges of untreated wastewater to the land's
surface threatened local, shallow groundwater resources. Discharge of untreated wastewater to the land's
surface and its accumulation in depressions within a residential neighborhood threatened public health
.Backup of sewage into homes due to the system failures created unsanitary conditions requiring cleanup
and repair of personal property. The inability to reliably flush toilets, bathe or wash clothes contributed to
unsanitary conditions within homes that threatened the public health.
2) The duration and gravity of the violation;
The episode of inadequate operation lasted for all or parts of fifteen (15) days, from September 27, 2020
through October 11, 2020. The collection system failure affected service to over 400 homes and a middle
school.
3) The effect on ground or surface water quantity or quality or on air quality;
The discharge of untreated wastewater to the land's surface has the potential to introduce pathogens and
excess nutrients to the local environment — to the groundwater via surface infiltration and to surface
waters via the grassed swales constructed within the subdivision to convey stormwater to nearby surface
water features.
4) The cost of rectifying the damage;
At the time of this evaluation, no lasting damage to the environment has been quantified; therefore, no
associated cost has been calculated. Costs of repair for damages to private property have remained
private. Sandler Utilities has incurred costs of pumping filled and overflowing pits along with those costs
associated with cleanup and disinfection of the ground over which untreated wastewater flowed.
5) The amount of money saved by noncompliance;
The amount of money saved by the violator in this matter can be seen as significant. As this episode
developed, the utility did not have an adequate inventory of spare or replacement parts and pumps on
hand to promptly address the situation and keep it from becoming such a significant event. Deferred
expenditures associated with equipment maintenance and inventories prior to the event represented
continuing cost savings to the utility. Cost of adequately training responding crews in vacuum sewer
operations.

DV-2020-0161 Assessment Factors
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6) Whether the violation was committed willfully or intentionally;
There is no indication that these violations were committed willfully or intentionally (with the potential
exception of some degree of willful neglect in the area of maintaining a spare parts inventory).
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
The facility has not been assessed any civil penalties within the past five years.
8) The cost to the State of the enforcement procedures.
Documented costs of the investigation of the violations total $2,517.96.
12/10/2020
Date
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