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Home My WebLink AboutWQ0002519_NOV-2018-SP-0001_20180213 - 1 ROY COOPER Governor MICHAEL S. REGAN Secretory Water Resources LINDA CULPEPPER Environmental Quality Interim Director 73)gto:79q999liz i+1 t nr) CERTIFIED MAIL 1 February 13, 2018 RETURN RECEIPT REQUESTED Clay Helm, Board Chairman Commissioners of Minzies Creek Sanitary Sewer District 139 Treasure Ln Hertford, NC 27944-8194 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-SP-0001 SOC EMC WQ S13-003, Ad. 1 Permit No. WQ0002519 Holiday Island WWTP Perquimans County Dear Mr. Helm: This letter is to inform you that a file review on January 5, 2018 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. The December 1, 2016 deadline was agreed upon by the Minzies Creek Sanitary Sewer District in the existing Special Order by Consent in affect. Also per the SOC, a quarterly progress report was due by November 1, 2017 and has not been received. 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 the 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. Notice of Violation NOV- 2017-SP-0008 was mailed to you on July 13, 2017 and received on July 24, 2017 stipulated that Minzies Creek failed to submit the application. The demand letter was sent on August 21, 2017 and received on September 1, 2017 for stipulated penalties totaling $54,700 dollars for violations through June 13, 2017. Notice of violation NOV-2017-SP-0018 was mailed to you on November 6, 2017 and received on November 8, 2017 stipulated that Minzies Creek has still failed to submit the application with a calculated penalty of$35,000 dollars. Compares;,._. State of North Carolina I Environmental Quality 943 Washington Square Mall I Washington,North Carolina 27889 252-946-6481 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 (failure to submit permit application)from November 1, 2017 through January 1, 2018 is$15,000 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 her 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. If you have any questions concerning the above, please contact Robert Tankard at(252) 948-3921. Sincerely, ?4}t 7:L/ 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(electronic copy) Lloyd C. Smith, Ill, Pritchett& Burch, PLLC, (electronic copy) • • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ' ■ Complete items 1,2,and 3. 1,,.�r� '?""" A. Signature • Print your name and address on the reverse ElAgent so thatwe can retUr rth`e card to you. 1 X � iit'Addresseerl if 7 Attach this card to the back of the mailpiece, B. deceived ) ,"g pf,D3e11 or on the front if space permits 7' 1.Article Addressed to: y `" ` = x� D. Is deli ry address d' erent from item 1? Cl Ye, If YE enter delivery address below: I o Clay Helm,Board Chairman Commissioners of Minzies Creek Sanitary Sewer District e- `�-� - 139 Treasure Lane Vt � Hertford,NC 27944-8194 - . fir" . 3. Service Type I ILI IIIII III Milli III I I III III III 0 Adult Signature Restricted Delivery o Reo,a Maii Express® ❑Adult Signature ❑Registered MaiITM 9590 9402 3727 7335 2395 55 'E Certified Mail® li red Mail Restrioterb Return 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmatloniM 'insured Mail 0 Signature Confirmation . 7 017 1070 0000 9922 1411 nsured Mail Restricted Delivery Restricted Delivery r �. ver$500) PS Form$811,July 2015 RSN 7530-02-000-9053 Domestic Return Receipt., 4