WQ0002519_NOV-2018-SP-0003_20180316

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Clay Helm,Board Chairman Commissioners of
p. Sent To
Minzies Creek Sanitary Sewer District
in -Street and Apt h 139 Treasure Lane
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Clay Helm,Board Chairman Commissioners of
Minzies Creek Sanitary Sewer District
139 Treasure Lane
Hertford,NC 27944-8194
(1111
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'�/.9 v.N.C.Dept.of Environmental Quality
�26' Washington Regional Office
CQf Division of Water Resources
c�' 943 Washington Square Mall
Washington,NC 27889
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ROY COOPER
Governor
MICHAEL S. REGAN
Secre/arp
Water Resources LINDA CULPEPPER
E Quality,Qualit Interim Director
CERTIFIED MAIL 70171070000099221411 March 16, 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-0003
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 March 14, 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. 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. Notice of violation NOV-2018-SP-0001 was mailed to you on February 13,
2018 stipulated that Minzies Creek has still failed to submit the application with a calculated penalty of
$15,000 dollars.
Nothing Compares
State of North Carolina Environmental Quality
943 Washington Square Mall l 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
January 1, 2018 through March 1, 2018 is$14,500 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,
PtLi-
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)
Gary Hartong, The Wooten Company (electronic copy)