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HomeMy WebLinkAboutWQ0002519_SP-2018-0009_20180502 ROY COOPER li : . t• i Governor MICHAEL S. REGAN Secretary Water Resources LINDA CULPEPPER Environmental Quality Interim Director CERTIFIED MAIL 70173380000109986772 May 2,2018 RETURN RECEIPT REQUESTED Mr.Clay Helm. Minzies Creek Sanitary District 139 Treasure Lane Hertford,North Carolina 27944 Subject: Case No. SP-2018-0009 Department of Environmental Quality vs.Minzies Creek Sanitary District, Stipulated PenaltyDemand for Violation of Consent Order EMC SOC WQ S13-003,Ad. I;NOV-2018-SP-0003_ Perquimans County Dear Mr. Helm: On September 27,2015,Minzies Creek Sanitary District, entered Special Order by Consent WQ S 13-003, Ad.I with the North Carolina Environmental Management Commission whereby the WWTP is not capable of adequately treating wastewater generated by Minzies Creek Sanitary Sewer District and the evaporative ponds are not capable of disposing of the treated wastewater without discharging to waters of the State. Upon review of the deadlines established in the SOC for submittal of the required permit application,I have concluded that the application due on December 1,2016 still has not been submitted. Therefore,pursuant to paragraph 3 of the Special Order by Consent, stipulated penalties associated with NOV-2018-SP-0001 are now due at$14,000.00. The total due for not meeting the December 1,2016 deadline and for failure to submit the quarterly progress reports is$119,200.00 Payment by certified check payable to the Department of Environmental Quality or evidence to support your claim that noncompliance was beyond the Company's control must be submitted to the Department at the address given below within fourteen(14)days from receipt of this demand: Linda Culpepper,Acting Director Division of Water Resources Dept. of Environmental Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Nothing C res State of North Carolina I Environmental Quality 943 Washington Square Mall I Washington,North Carolina 27889 252-946-6481 Stipulated Penalty Demand for Violation of Consent Order EMC WQ S13-03,Ad. I May 2,2018 Page 2 If you should have any questions regarding this notification,please contact Robert Tankard in the Washington Regional Office at(252)948-3921. Sincerely, Vifor, Linda Culpepper. Acting Director Division of Water Resources cc: Washington Regional Office Non-discharge PermittingUnit Central Files REC %EIVED/NCDENR/DWR March 28, 2018 Washington Regional Office,NCDEQ " APR 0 6 2018 Attn: Robert Tankard Water Ouu;;;s,Rej;oval Operations Section `; Washington.Regional Office 943 Washington Square Mall Washington,NC 27889 RE: NOV-2018-SP-003 We last met with NCDEQ on December 12th. Also present, either in person or by teleconference, were representatives from The Wooten Co., USDA, SERCAP, Pritchett&Burch, PLLC, and Minzies Creek Sanitary District MCSD). At this meeting we outlined a path to complete the proposed design of our system. On December 29th, MCSD met in session to discuss what was proposed in the meeting with DEQ. It was decided to proceed with the proposed program. On January 26th, John Crowder, SERCAP, Clif Smith, Pritchett& Burch, PLLC, and MCSD Commissioners ventured back into the proposed property to see if the property might be viable. John Crowder thought it was and has proposed to USDA that that proceed with an additional "search grant"to pay for a full evaluation of the property and make a recommendation as to what portion of the land we should make an offer. On January 27th the Commissioners met in session to discuss what we had seen and again agreed to proceed with the proposal. The Commissioners met again on February 24tha and again on March 24th with nothing new to report from USDA, SEACAP, or The Wooten Co. Minzies Creek is doing everything we can to find a solution to the disposal problem. We have been told that we cannot have an open-ended SOC. Once we have a complete plans for a workable system, we will apply to modify our SOC and proceed with the process to implement construction and operation of a new system. ‘1%efor, Clay Helm Commissioner Minzies Creek Sanitary District