WQ0015052_OV-2021-0001_20210514

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Enviro-Tech of North Carolina Inc
Facility Name: Village at Ocean Hill WWTP
Permit Number: W00015052
County: Currituck
Case Number: OV-2021-0001
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violations;
Unknown- the multitude of violations detected during the inspection could have caused or led to Water Quality Standard
Violations. There were no documented fish kills or health risk.
2) The duration and gravity of the violations;
Significant - The generator has not been observed in operational condition since at least 2017. The high -rate infiltration had
not been functioning properly since at least 2017 as well. Only approximately 4600 square feet of the permitted 20,000
square feet of high -rate infiltration area is wetted. This is less than 1/4rth of the permitted 20,000 square feet. The bar
screen was found to have inadequate spacing to screen debris from flowing into the EQ tank, this has been an issue that has
been observed since at least 2017, observed during two previous inspections and has yet to be addressed. The two 69 gpm
pumps required by the permit for the EQ tank and the high-water alarm were not operational at the time of inspection.
The permit for the facility #WQ0015052 has been expired since February 28, 2018 and has been expired for over 3 years
without resolution of items needed to address renewal requirements by the applicant. There was no designated ORC
for the facility at the time of inspection. During the inspection, a 500-600-gallon bypass was also observed, and the bypass
was not reported to the Division nor reported in the operation and maintenance logs. The majority of the records were not
present for review at the time of the inspection. This included a copy of the permit, NDMR reports and corresponding lab
data. Lastly, there were also no records for hauling of residuals for the facility.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown - The multitude of detected during the inspection could have caused or led to Water Quality Standard
Violations. There were no documented fish kills or health risk.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Significant - The cost of not repairing the generator and the needed repairs and maintenance for the high -rate infiltration
area. The cost of not replacing the bar screen with a bar screen with adequate spacing to properly prevent debris from
entering the EQ tank. The cost of not replacing the two 69 gpm pumps that were found not to be functional at the time of
inspection for the EQ tank of the 100,000 gallon per day plant that are required by the permit. The cost of not repairing the
high-water alarm for the EQ tank to an operational state.
6) Whether the violation was committed willfully or intentionally;
Unknown

7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Over the last 24 months (04/2019 to 04/2021) the facility was issued an NOD for a reporting violation for the
facility's March 2020 NDMR report, an NOV for permit violations found during an inspection on 04/2019, an NOV for
failure to renew permit in 05/2019 and an NOV for total ammonia limit violations for the facility's 07/2019 NDMR report.
8) The cost to the State of the enforcement procedures.
$57.82
5/14/2021
Date
Via
David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
D1ONNE DELLI-GATTI
Seen -lone
S. DANIEL SMITH
bfrc t Tor
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 1810 0001 5980 8563
Return Receipt Requested
May 14, 2021
William Galen Freed
113 Duck Woods Drive
Kitty Hawk, North Carolina 27949
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and Non -discharge Permit No. WQ0015052
Enviro-Tech of North Carolina Inc
Village at Ocean Hill WWTP
Case No. OV-2021-0001
Currituck County
Dear Mr. Freed:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $8,557.82
($8,500.00 civil penalty + $57.82 enforcement costs) against Enviro-Tech of North Carolina Inc.
This assessment is based upon the following facts: an inspection of the Village at Ocean Hill WWTP was
conducted on December 7, 2020. This inspection was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in Non -discharge Permit No. WQ0015052. This
inspection has shown the subject facility to be in violation of the conditions and limitations found in
Non -discharge Permit No. WQ0015052. The violations found during the inspection are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Enviro-Tech of North Carolina Inc violated the
terms, conditions or requirements of Non -discharge Permit No. WQ0015052 and G.S. 143-215.1(a)(6) in the
manner and extent shown in Attachment A. In accordance with the maximums established by G.S.
143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or
requirements of a permit required by G.S. 143-215.1(a).
£D_EQ
n.�.,..oixm...m.
North carmine Department &f Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington. North Carolina 27889
252.94b.6481

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I,
David May, Regional Supervisor, Washington Regional Office hereby make the following civil penalty
assessment against Enviro-Tech of North Carolina Inc:
$8,500.00 For 8 of the 13 violations of the conditions and limitations specified in Permit No.
WQ0015052 .
$8,500.00 TOTAL CIVIL PENALTY
$57.82 Enforcement Costs
$8,557.82 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed
justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission
is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you of his
decision in the matter of your remission request. The response will provide details regarding the case
status, directions for payment, and provision for further appeal of the penalty to the Environmental
Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that
the Committee cannot consider information that was not part of the original remission request considered
by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and
submit the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.

If you have any questions, please contact Paul Mays with the Division of Water Resources staff of the
Washington Regional Office at [phone] or via email at [e-mail].
Sincerely,
O4 kali
David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: OV-2021-0001
Assessed Party: Enviro-Tech of North Carolina Inc
Permit No.: WQ0015052
County: Currituck
Amount Assessed: $8,557.82
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of
this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted
only when one or more of the following five factors apply. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty
assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le.,
explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CURRITUCK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Enviro-Tech of North Carolina Inc
Village at Ocean Hill WWTP
PERMIT NO. WQ0015052
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
)
) CASE NO. OV-2021-0001
Having been assessed civil penalties totaling $8,557.82 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated 05/14/2021, the undersigned, desiring to seek remission of the
civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does
stipulate that the facts are as alleged in the assessment document. The undersigned further understands that
all evidence presented in support of remission of this civil penalty must be submitted to the Director of the
Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after (30) days from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Enviro-Tech of North Carolina Inc
CASE NUMBER: OV-2021-0001
PERMIT NO: WQ0015052
FACILITY: Village at Ocean Hill WWTP
REGION: Washington
COUNTY: Currituck
VIOLATION
DATE
AREA
VIOLATION
TYPE
VIOLATION DESCRIPTION
PENALTY
AMOUNT
12/7/2020 Improper operation and The two 69 GPM pumps and the
maintenance high-water alarm for the EQ tank for the
100,000 GPD plant was not operational.
This is a violation of permit condition 11.1
and 111.1.
$0.00
12/7/2020 Permit Late renewal
Permit expired on February 28, 2018
and has been expired for over 3 years
without resolution of items needed to
address renewal requirements by the
applicant. Complete permit renewal
application was required six months
prior to permit expiration.
$4,000.00
12/7/2020 Permit ORC Violation
The ORC John Pruitt was not
designated the ORC of Village at Ocean
Hill WWTP and therefore there was not
a designated ORC for the facility at the
time of inspection. This is a violation of
permit condition 111.2.
$500.00
12/7/2020 End Use -Infiltration Permit conditions violation
A record review of NDMR and NDAR
monitoring reports from 11/2019 to
10/2020 has found application rates on
August 2020 violated application rates
for the rapid infiltration area in
Attachment B of the permit. The facility
exceeded the maximum allowable rate
of 8.2 gallons per square foot allowable
for any 20 consecutive days by
exceeding the 8.2 gallons per square
foot 31 consecutive days. This is a
violation of permit condition 11.4 and
based on the calculated wetted area of
4600 square feet of the rapid infiltration
area.
$500.00
12/7/2020 End Use -Infiltration Permit conditions violation
A record review of NDMR and NDAR
monitoring reports from 11/2019 to
10/2020 has found application rates on
July 2020 violated application rates for
the rapid infiltration area in Attachment B
of the permit. The facility exceeded the
maximum allowable rate of 8.2 gallons
per square foot allowable for any 20
consecutive days by exceeding the 8.2
gallons per square foot 31 consecutive
days. This is a violation of permit
condition 11.4 and based on the
calculated wetted area of 4600 square
feet of the rapid infiltration area.
$500.00

ATTACHMENT A
Enviro-Tech of North Carolina Inc
CASE NUMBER: OV-2021-0001
PERMIT NO: WQ0015052
FACILITY: Village at Ocean Hill WWTP
REGION: Washington
COUNTY: Currituck
VIOLATION
DATE
AREA
VIOLATION
TYPE
VIOLATION DESCRIPTION
PENALTY
AMOUNT
12/7/2020 End Use -Infiltration Permit conditions violation
A record review of NDMR and NDAR
monitoring reports from 11/2019 to
10/2020 has found application rates on
June 2020 violated application rates for
the rapid infiltration area in Attachment B
of the permit. The facility exceeded the
maximum allowable rate of 8.2 gallons
per square foot allowable for any 20
consecutive days by exceeding the 8.2
gallons per square foot 30 consecutive
days. This is a violation of permit
condition 11.4 and based on the
calculated wetted area of 4600 square
feet of the rapid infiltration area.
$500.00
12/7/2020 End Use -Infiltration Permit conditions violation
A record review of NDMR and NDAR
monitoring reports from 11/2019 to
10/2020 has found application rates on
September 2020 violated application
rates for the rapid infiltration area in
Attachment B of the permit. The facility
exceeded the maximum allowable rate
of 8.2 gallons per square foot allowable
for any 20 consecutive days by
exceeding the 8.2 gallons per square
foot 21 consecutive days. This is a
violation of permit condition 11.4 and
based on the calculated wetted area of
4600 square feet of the rapid infiltration
area.
$500.00
12/7/2020 Permit Unauthorized bypass
A 500-600-gallon bypass as estimated
by the ORC was observed during the
inspection. This bypass was not
reported to the Division or reported in
the operation and maintenance log and
the ORC failed to clean up the by-pass.
This is a violation of permit condition
11.1,11.4,111.1,111.11,IV.10,IV.11.band
IV.11.c.
$0.00
12/7/2020 End Use -Infiltration Violation detected during
inspection
The 516,000 square feet of
non -conjunctive green area and 12.1
acres of non -conjunctive spray area
described in the permit is non-existent.
The only disposal area is currently the
20,000 square foot conjunctive spray
which only has a 4600 square foot
wetted area. This is a violation of permit
condition 11.1 and 111.1.
$1,000.00

ATTACHMENT A
Enviro-Tech of North Carolina Inc
CASE NUMBER: OV-2021-0001
PERMIT NO: WQ0015052
FACILITY: Village at Ocean Hill WWTP
REGION: Washington
COUNTY: Currituck
VIOLATION
DATE
AREA
VIOLATION
TYPE
VIOLATION DESCRIPTION
PENALTY
AMOUNT
12/7/2020 Screens Violation detected during
inspection
The bar -screen does not have adequate
spacing to prevent some debris from
entering the EQ tank. The bar -screen
needs to be replaced to accommodate
solids entering the WWTP. This is a
violation of permit condition 11.1 and 11.2.
$0.00
12/7/2020 Standby Power Violation detected during
inspection
The Emergency Generator and Transfer
Switch is not operational. The Generator
and Transfer switch has not been
observed being operational since at
least 2017. This is a violation of permit
condition 11.1, 111.1 and 111.8.
$1,000.00
12/7/2020 Record Keeping Violation detected during
inspection
The majority of records were not present
for review at the time of the inspection
this included a copy of the permit,
NDMR reports and corresponding lab
data. The operations and maintenance
logs were also insufficient. When the
bypass occurred on 12/02/2020 the
operator made no mention of a bypass
in the operation and maintenance logs.
This a violation of permit condition IV.10,
IV.11.b and IV.11.c
$0.00
12/7/2020 Record Keeping Violation detected during
inspection
There were no records available for
residuals. This is a violation of permit
condition IV.9
$0.00