WQCS00209_Remission Request DV-2020-0161_20210112

SANDLER UTILITIES AT MILL RUN, LLC
January8, 2021 RECEIVED
Ms.Wren Thedford JAN 12 2021
Water Quality Permitting Section
Division of Water Resources NCDEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Assessment of Civil Penalties for Violations of Collection System Permit WQCS00209
Dear Ms. Thedford:
Sandler Utilities at Mill Run, LLC is in receipt of the letter dated December 10th, 2020 that notifies us of a
civil penalty in the amount of $62,517.96 in response to the failure of the collection system and sanitary
sewer overflows from September 27th, 2020—October 11, 2020. We hereby request remission for reasons
noted below:
1. We have put in nearly$440,000 in the vacuum sewer system over the past three months.Costs have
included but are not limited to rental of a temporary bypass pump for one month, multiple portable
toilet and handwash station rentals to service the neighborhood during the system outage,
contracting third party technical and operational review of the system, multiple new controllers, 3
new vacuum pumps, 1 vacuum pump repair, one new sewage pump, numerous vacuum and pump
trucks (including overtime, hauling, and disposal fees), operator services including overtime and
additional personnel, Servpro restoration services to homes, multiple new parts for the vacuum
sewer overflow alarm system including a new air solenoid, new check valves for the sewage pumps,
new motors for the vacuum pumps, new vacuum pits, and one rebuilt sewage pump. These
expenditures are nearly 8 times what we are required to pay into the vacuum sewer system per
quarter including the typical upgrades, maintenance, and repairs.
2. We truly believe that some of the items in NCGS 143E-282.1 are misstated or misapplied. First and
foremost, as Owners, when we were made aware of the problem, we were in contact with DEQ
regulators within 24 hours of each instance and continued to provide immediate response and
direct communication with the regulators. Additionally, there was a huge amount of spare parts
inventory with controllers and valves for each of the valve pits. The issue became expedited when
personnel were stretched thin with working to get the overall system up and running and repairing
the controllers and valves at the necessary rate to replacement to accommodate the numbers with
sudden failure became an impossible task. Since that time, we have sent all the extra parts down
to our vacuum system partner in Florida to repair remotely so that these will be available as
inventory in the future. Our understanding has been for years that one vacuum pump is sufficient
to maintain the whole system. As such, we were never required to keep a spare pump on site.
Unfortunately, at the time of the one pump failure, there were other issues that developed
preventing the single pump from holding the whole system. We have since purchased a spare
vacuum pump and motor to keep on site so that this type of issue can be avoided in the future.
3. We promptly abated all overflows with lime application which was the mutually agreed upon
treatment for overflows.
448 Viking Drive, Suite 220,Virginia Beach,Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone] I Telefax 757-463-3358

January 8, 2021
Page 2
4. The violation was without question inadvertent. A failure in one of the vacuum pumps combined
with the alarm system at the same time spiraled into a myriad of problems. The vacuum sewer
system parts and pieces are all tightly integrated, and the failure of these two items created all of
the subsequent problems. The operations personnel and plant ownership worked endless hours
for many days working to get the system up and running. While the fix was not immediate,
intentions were good and numerous financial,and personnel resources were put into place to bring
the complex system back to full working order. Ultimately each person on the team gained a wealth
of knowledge that they can use moving forward in operating this plant.
S. We have additional improvements to the alarm and monitoring systems that we would like to make
based on the recommendation of FloVac, and we believe these funds could be more appropriately
used in this function.
This is our first time receiving a civil fine of this nature. This system has been functioning for the past 20
years without any setbacks near the magnitude of what occurred this past fall. I believe we have put in the
time, money, and the right people to avoid this in the future, and we sincerely hope you will take that under
consideration in this remission request.
We remain completely open to recommendations for improvements in processes, communication, and
overall permit compliance. We will continue to lean on the experts in vacuum sewer systems for advice,
recommendations, and training of technicians. Our sincere hope is that these failures are behind us and
the lessons learned can be carried into the future so the Eagle Creek residents can have a dependable
wastewater system that they can trust to operate as it should.
Sincerely,
4,ffrovoy e4
Brittney M. Willis— Project Manager
Sandler Utilities at Mill Run, LLC
CC:
NCUC Public Staff- Mike Franklin
Envirolink— Michael Myers
Envirolink—Tracy Miller
448 Viking Drive, Suite 220, Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790,Virginia Beach, Virginia 23450
Telephone [phone]/Telefax 757-463-3358

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: DV-2020-0161 County: Currituck
Assessed Party: Sandler Utilities At Mill Run,Llc
Permit No. (if applicable): NCWQCS00209 Amount Assessed: $62,517.96
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 may be granted only when one or more of the following five factors
applies. 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).
x (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);
X (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);
x (d) the violator had not been assessed civil penalties for any previous violations;
X (e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
A.We truly believe that some of the items in NCGS 143B-282.1 are misstated or misapplied. First and foremost,as
Owners,when we were made aware of the problem,we were in contact with DEQ regulators within 24 hours of
each instance and continued to provide immediate response and direct communication with the regulators.
Additionally,there was a huge amount of spare parts inventory with controllers and valves for each of the valve pits.
Revised 8/2014

The issue became expedited when personnel were stretched thin with working to get the overall system up and
running and repairing the controllers and valves at the necessary rate to replacement to accommodate the numbers
with sudden failure became an impossible task. Since that time,we have sent all the extra parts down to our vacuum
system partner in Florida to repair remotely so that these will be available as inventory in the future. Our
understanding has been for years that one vacuum pump is sufficient to maintain the whole system.As such,we
were never required to keep a spare pump on site. Unfortunately,at the time of the one pump failure,there were
other issues that developed preventing the single pump from holding the whole system. We have since purchased a
spare vacuum pump and motor to keep on site so that this type of issue can be avoided in the future.
b.We promptly abated all overflows with lime application applied on three different occasions which was the
mutually agreed up treatment for overflows.
c.The violation was without question inadvertent. A failure in one of the vacuum pumps combined with the alarm
system at the same time spiraled into a myriad of problems. The vacuum sewer system parts and pieces are all
tightly integrated,and the failure of these two items created all of the subsequent problems. The operations
personnel and plant ownership worked endless hours for many days working to get the system up and running.
While the fix was not immediate,intentions were good and numerous financial,and personnel resources were put
into place to bring the complex system back to full working order.Ultimately each person on the team gained a
wealth of knowledge that they can use moving forward in operating this plant.
d.This is our first time receiving a civil fine of this nature. This system has been functioning for the past 20 years
without any setbacks near the magnitude of what occurred this past fall. I believe we have put in the time,money,
and the right people to avoid this in the future,and we sincerely hope you will take that under consideration in this
remission request.
e.We have additional improvements to the alarm and monitoring systems that we would like to make based on the
recommendation of FloVac,and we believe these funds could be more appropriately used in this function.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CURRITUCK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING
) AND STIPULATION OF FACTS
SANDLER UTILITIES AT MILL RUN )
EAGLE CREEK COLLECTION SYSTEM )
NPDES PERMIT NO. WQCS00209 ) FILE NO. DV-2020-0161
Having been assessed civil penalties totaling$62,517.96 for violation(s)as set forth in
the assessment document of the Division of Water Resources dated December 10,2020,
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 thirty(30)days from the receipt of the notice of assessment.
This
the 8th day of January , 2021
19/..4 4�L
Signature
RECEIVED
JAN 12 2021 ADDRESS
Sandler Utilities at Mill Run,LLC
NCDEQIDWRINPDES 448 Viking Drive
Suite 220
Virginia Beach, VA 23452
TELEPHONE
[phone]
Revised 3/2009

SANDLER UTILITIES
VENDOR DESCRIPTION INV# DATE AMOUNT
United Rentals Rental -Pump/Misc(10/7-11/4) 186865725-001 10/24/20 6,142.75 Paid 11/3/20 Check
LDR Site Services Porta Potty-ADHA 104541 10/06/20 395.00 Reimb Brittney Visa
LDR Site Services Porta Potty 104541 10/06/20 3,155.00 Reimb Brittney Visa
LDR Site Services Handwash Station 104541 10/6-13/20 1,185.00 Reimb Brittney Visa
FLOVAC Controllers/Pump/Tech/Accom INV-0156 10/12/20 47,730.79 Paid 10/28 Wired Funds
FLOVAC Controllers INV-0163 10/12/20 14,904.63 Paid 10/28 Wired Funds
Accurate Marine Environmental LLC VAC Truck/Disposal/Labor 11522 11/10/20 4,862.50 Paid 11/17 Ck#2235
(2,185/1,400/1,277.50)
Atlantic OBX VAC Truck/Disposal/Labor 57471 10/29/20 6,005.00 Paid 11/17 Ck#2236
30 New Controllers INV-0179 11/13/20 9,917.84 Paid 12/09 Ck#2241
Controllers INV-0183 11/23/20 16,751.56 Paid 12/09 Ck#2241
VAC Truck/Disposal/Labor 11463 10/16/20 11,343.75 Paid 12/09 Ck#2239
(4,275/3,840/3,228.75)
YurateMarine', VAC Truck/Disposal/Labor 11548 11/17/20 2,675.00 Paid 12/09 Ck#2239
(1,045/1,280/350)
111111,08x VAC Truck/Disposal/Labor 58323 11/29/20 3,405.00 Paid 12/09 Ck#2240
KB Va Pu 2-Reconditioned 25 HP Vacuum Pump 418 11/01/20 30,731.64 Paid 12/09Ck#2242
Pearson Pump Sales&Servi #1 Pump Tear down&Repair 4989 11/10/20 6,630.00 Paid 12/09Ck#2243
Pearson Pump Sales&Servi Furnish&Install New Cornell Pump 4990 11/10/20 10,924.20 Paid 12/09 Ck#2243
Pearson Pump Sales&Servic 1-10 HP Motor 4991 11/10/20 779.28 Paid 12/09Ck#2243
Envirolink Major Flooding 8/6-8/9 0024966-IN 08/31/20 9,024.81 (1,048.31)
Vacuum Pump/Labor/Maint Trk/
Envirolink Techs/Biosolids Haul&Dispose 0025456-IN 09/30/20 62,188.33 (10,454.86)
Envirolink Vacuum Pump&Accessories 0025643-IN 10/21/20 23,058.00 (19,215.00)
Vacuum Pump/Labor/Maint Trk/
Envirolink Techs/Biosolids Haul&Dispose 0025883-IN 10/31/20 96,659.49 (17,374.64)
Envirolink Misc&Collection System Repairs 0026223-IN 11/30/20 69,599.17
SERVPRO 228 GVR-Restoration Service 1100 10/21/20 3,428.83 Bill to Envirolink
Envirolink NTP Air Solenoid 980.00
Envirolink NTP Check Valves 6,740.00
Aubrey's Tree Service Remove Trees around Entire Lake Quote 40,000.00
TOTAL 489,217.57 PAID INVOKES
PAID (a) (177,538.94)
PAID (b) (48,092.81)
BALANCE IIIIIIIIIII
1/8/2021