WQ0014306_NOV-2021-LM-0028_20210427

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
5. DANIEL SMITH
bfrmrlor
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 1810 0001 5981 1334
Return Receipt Requested
April 26, 2021
Raymond Gottlieb
Sandler Utilities at Mill Run L L C
448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LM-0028
Permit No. WQ0014306
Eagle Creek WWTP
Currituck County
Dear Mr. Gottlieb:
A review of the December 2020 Non -Discharge Monitoring Report (NDMR) and Non -Discharge Analysis Report
(NDAR1) for the subject facility revealed the violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Coliform, Fecal MF, MFC Broth, 12/15/2020 25 2,420 Daily Maximum Exceeded
44.5 C (31616)
001 Coliform, Fecal MF, MFC Broth, 12/31/2020 14 2,420 Monthly Geometric Mean Exceeded
44.5 C (31616)
001 Solids, Total Suspended 12/31/2020 5 8.9 Monthly Average Exceeded
(00530)
Monitoring Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 pH (00400) 12/5/2020 5 X week Frequency Violation
001 pH (00400) 12/19/2020 5 X week Frequency Violation
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washingtm Square Mall I Washington, North Carolina 22889
252.946.6481

Monitoring Violation(s):
Sample
Location Parameter
Monitoring
Date Frequency Type of Violation
001 pH (00400)
12/26/2020 5 X week Frequency Violation
001 BOD, 5-Day (20 Deg. C) (00310) 12/31/2020
2 X month Frequency Violation
001 Coliform, Fecal MF, MFC Broth, 12/31/2020
44.5 C (31616)
2 X month Frequency Violation
001 Nitrogen, Ammonia Total (as N) 12/31/2020 2 X month
(00610)
Frequency Violation
001 Nitrogen, Kjeldahl, Total (as N) 12/31/2020 2 X month
(00625)
Frequency Violation
001 Nitrogen, Nitrate Total (as N) 12/31/2020 2 X month
(00620)
Frequency Violation
001 Nitrogen, Total (as N) (00600)
12/31/2020 2 X month
Frequency Violation
001 Phosphorus, Total (as P) (00665) 12/31/2020
2 X month
Frequency Violation
001 Solids, Total Suspended (00530) 12/31/2020
2 X month Frequency Violation
Reporting Violation(s):
Sample
Location Parameter
Date Type of Violation
Field 1
4/1/2021 Field -Site Missing
Other Violation(s):
Type of Violation
Date
Violation Description
Permit conditions violation 12/16/2020 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/17/2020 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/18/2020 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/19/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/20/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/21/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/22/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation
12/23/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
LD_E
North Carolina Department of Environmental Quality I Dlvlsinn of Water Resources
Washingtan Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

Other Violation(s):
Type of Violation Date Violation Description
Permit conditions violation 12/24/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/25/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/26/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/27/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/28/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/29/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/30/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
Permit conditions violation 12/31/2020 Facility did not meet fecal limts and did not transfer effluent to high rate
pond as required in condition III, 19 of the permit.
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 13 in Section IV, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
LD_E
North Carolina Department of Environmental Quality I Dlvlsinn of Water Resources
Washingtan Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

If you have any questions concerning this matter or to apply for an SOC, please contact Paul Mays of the
Washington Regional Office at 252-948-3940 or via email at [e-mail].
Cc: Laserfiche
Sincerely,
Rottil Teos
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Ol'fan of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington North Caroline 27E69
252.946.64E11