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Home My WebLink AboutWQ0002519_NOV-2017-SP-0008_20170713Water Resources Environmental Quality CERTIFIED MAIL 70160750000109017297 July 13, 2017 RETURN RECEIPT REQUESTED Clay Helm, Board Chairman Commissioners of Minzies Creek Sanitary Sewer District 139 Treasure Ln Hertford, NC 27944-8194 SUBJECT: Dear Mr. Helm: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-SP-0008 SOC EMC WQ S13-003, Ad. 1 Permit No. WQ0002519 Holiday Island WWTP Perquimans County ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director This letter is to inform you that a file review on July 13, 2017 concluded that the Minzies Creek Sanitary Sewer District has not submitted an application for a permit for the construction/modification for a wwtp/disposal system to meet permit and administrative code requirements that was due December 1, 2016. Please note that Minzies Creek Sanitary District applied for an amendment to the SOC on December 8, 2016. The SOC was modified and sent to Minzies Creek Sanitary District on January 23, 2017 for their review and signature. On April 5, 2017, this office received their response that Minzies was not going to sign the SOC Amendment. Therefore, the SOC WQ S13-003, Ad. I is still in effect. The failure to complete this task by the date stipulated in the Special Order by Consent is a violation of the Order. The application was due on December 1, 2016. Notice of Violation NOV-2017-SP-0003 was mailed to you on May 8, 2017 and received on May 10, 2017 stipulating that Minzies Creek failed to submit the application. The demand letter was sent on May 26, 2017 and received on May 31, 2017 for stipulated penalties totaling $36,700 dollars for violations through May 1, 2017. The Special Order by Consent contains a stipulated penalty of $100 per day for the first 7 days and $250 per day thereafter. The calculated penalty for this violation from May 1, 2017 through June 13, 2017 is $18,000 dollars. Paragraph 4 of the Consent Order states in part that the stipulated penalties are not due if the District satisfies the Division that non-compliance was caused by events or circumstances beyond the District's control as outlined in the SOC. If you have justification that this violation was caused by events or circumstances beyond the District's control, you must reply in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your justification will be reviewed and a recommendation forwarded to the Director for his consideration. In the absence of such justification, this Office shall proceed with recommendations that the Director demand payment of the stipulated penalty as included in the Consent Order. Nothing Compares `"-- State of North Carolina i Environmental Quality Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 If you have any questions concerning the above, please contact Robert Tankard at (252) 948-3921. Sincerely, le< "-Tit/ Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ Copy: WaRO File Sonia Gregory, Non -Discharge Permitting Unit Lloyd C. Smith, III, Pritchett & Burch, PLLC, (electronic copy) 0901 7297 ra r- U.S. Postal Service`"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corn HERrORD NC 17 Certified Mail Fee $ • J jctr�l Services & Fees (check box, add fee top fete) Return Receipt (hardcopy) $ Sri i ! I I I ❑ Retum Receipt (electronic) $ $l . 1 ii I ❑ Certified Mail Restricted Delivery $ .4 �) �) ( ❑ Adult Signature Required - A ['Adult Signature Restricted Delivery $ Postage Total Po^'-- - '1 4/2111 7 CLAY ygim, BOARD CHAIRMAN SentTo COMMISSIONERS OF MINZIES CREEK . treeta SANITARY SEWER DISTRICT city, ste 139 TREASURE LANE HERTFORD, NC 27944-8194 0389 Postmark Here Ij4 U.49 Certified Mail service provides the following benefits: • A receipt (this portion of the Certified Mail label). for an electronic return receipt, see a retail • A ur qub identifier for your mailpiece. associate for assistance. To receive a duplicate ■ Electronic verification of delivery or attempted return receipt for no additional fee, present this delivery. • A record of delivery (including the recipient's siguahrre) that is retained by the Postal Service'" for a specified period. 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However, the purchase of Certified Mail service does not change the • To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing, it should bear a certain Priority Mail items. • For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record USPS®-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age and provides delivery to the addressee specified by name, or to the addressee's authorized agent (not available at retail). IMPORTANT: Save this receipt for your records. PS Form 3800, Apnl 2015 (Reverse) PSN 7530-02-000-9047 USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office— for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of delivery (including the recipients signature). of this label, affix it to the mailpiece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CLAY HELM, BOARD CHAIRMAN COMMISSIONERS OF MINZIES CREEK SANITARY SEWER DISTRICT 139 TREASURE LANE HERTFORD, NC 27944-8194 II I 1 I'I 1111111 II II I 9590 9402 3036 7124 5536 38 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY A. Signature 6 X �—) , ig 1±1-Age. "—"'� �• `� `nt - ❑ Addressee B. Received by (Printed Name) C. Date of Delivery t__ 7-:t 4- a D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adutt Signature ❑ duff Signature Restricted Delivery Certified Mail® Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 7016 0750 0001 0901 7297 Restricted Delivery Q Priority Mail Express® ❑ Registered MaIITM ❑ Registered Mail Restricted Delivery ❑ Retum Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt • i i i 9590 9402 3036 7124 5536 38 United States Postal Service First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4" in this box* N.C. Dept. of Environmental Quality Washington Regional Office Division of Water Resources 943 Washington Square Mall Washington, NC 27889 iI111j111i1I1,1111I111i1III' 111IIf11►I1IIi1111111IIII1l111i1111