WQ0014306_LM-2021-0025_20210802

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Sandler Utilities at Mill Run L L C
Facility Name: Eagle Creek WWTP
Permit Number: W00014306
County: Currituck
Case Number: LM-2021-0025
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 violation;
Unknown — The limit violations, monitoring violations, reporting violations and permit condition violations could
have led to Water Quality Standard Violations. There were no documented fish kills. The facility is a reclaimed
system and the facility was sending wastewater that did not meet permit limits to an irrigation pond where the water
will be sprayed on a golf course where human interaction will occur. There were no know incidents.
2) The duration and gravity of the violation;
During December 2020 the facility exceeded the daily maximum limit Fecal Coliform and exceeded the monthly
average limit for Fecal Coliform and Total Suspended Solids. The facility did not report pH as required by
Non -Discharge permit #WQ0014306 for the first, second or third week of the month. The facility also did not report
BOD-5, Fecal Coliform, Total Ammonia, Total Kjeldahl Nitrogen, Total Nitrate, Total Phosphorous or Total
Suspended twice a month as required by Non -Discharge permit #WQ0014306 and only reported each parameter
once. The facility did not reroute effluent to the high -rate infiltration pond as required by permit condition III.19 on
12/17/2021 after a fecal limit violation on 12/15/2021. The facility should have received results for fecal from
12/15/2021 on 12/17/2021 due to the test for fecal being a 24-hour test.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown — The limit violations, monitoring violations, reporting violations and permit condition violations could
have led to Water Quality Standard Violations. There were no documented fish kills or health risk. There are
documented violations of groundwater at the facility.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown — funds potentially saved by improper operation and maintenance.
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
A record review of the past 24 months as of 07/23/2021 found the following issues. The facility has a history of
late/missing NDMR and 4 NOVs and 1 NOI were issued for violations of this nature for the 11/2020, 05/2020,
10/2019, 09/2019 and 08/2019 reports. The facility also has a history of extensive Fecal, TSS and Ammonia Limit
violations and over the last 24 months 6 NOI were issued for violations of this nature. Another common issue is the

facility is required by permit condition III.19 to route effluent to the high -rate infiltration pond during fecal limit
violations or when turbidity exceeds 10 NTU.
8) The cost to the State of the enforcement procedures.
$58.82
8/2/2021 Ro(,v,.Z Te.4.4w4l
Date
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 1810 0001 5981 1679
Return Receipt Requested
Raymond Gottlieb
Sandler Utilities at Mill Run L L C
448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
NORTH CAROLINA
Environmental Quality
August 2, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQOO143O6
Sandler Utilities at Mill Run L L C
Eagle Creek WWTP
Case No. LM-2021-0025
Currituck County
Dear Mr. Gottlieb:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,808.82 ($4,750.00 civil
penalty + $58.82 enforcement costs) against Sandler Utilities at Mill Run L L C.
This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Monitoring Report
(NDMR) and the Non -Discharge Analysis Report (NDAR1) submitted by Sandler Utilities at Mill Run L L C for the month
of December 2020. This review has shown the subject facility to be in violation of the limitations and/or monitoring
requirements found in Non -discharge Permit No. WQO014306. The violations, which occurred in December 2020, are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Sandler Utilities at Mill Run L L C violated the terms,
conditions or requirements of Non -discharge Permit No. WQOO14306 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).
North Carolina Neparlment of Environmental Quality 1 Division ofwarer Resources
Washngton Regions[ Office 1943 Washington Square Mall I Washington. North Carolina 27669
252.946.84E11

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, Robert
Tankard, Assistant Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment
against Sandler Utilities at Mill Run L L C:
$100.00 1 of 1 violations of the Permit Daily Maximum for Coliform, Fecal MF, MFC Broth, 44.5 C per
the limits established in Permit No. WQ0014306
$250.00 1 of 1 violations of the Permit Monthly Average for Solids, Total Suspended per the limits
established in Permit No. WQ0014306
$250.00 1 of 1 violations of the Permit Monthly Geometric Mean for Coliform, Fecal MF, MFC Broth,
44.5 C per the limits established in Permit No. WQ0014306
$50.00 for 1 of the 1 failures to properly monitor BOD, 5-Day (20 Deg. C) in violation of Permit No.
WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Coliform, Fecal MF, MFC Broth, 44.5 C in violation of
Permit No. WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Nitrogen, Ammonia Total (as N) in violation of Permit
No. WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Nitrogen, Kjeldahl, Total (as N) in violation of Permit
No. WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Nitrogen, Nitrate Total (as N) in violation of Permit No.
WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Nitrogen, Total (as N) in violation of Permit No.
WQ0014306.
$0.00 for 0 of the 3 failures to properly monitor �H in violation of Permit No. WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Phosphorus, Total (as P) in violation of Permit No.
WQ0014306.
$50.00 for 1 of the 1 failures to properly monitor Solids, Total Suspended in violation of Permit No.
WQ0014306.
$0.00 For 0 of the 1 failures to submit monitoring reports or portions of monitoring reports in violation of
Permit No. WQ0014306.
$3,750.00 For 15 of the 16 other violations of Permit No. WQ0014306.
$4,750.00 TOTAL CIVIL PENALTY
$58.82 Enforcement Costs
$4,808.82 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,
Roka T4444441
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2021-0025
Assessed Party: Sandler Utilities at Mill Run L L C
Permit No.: WQ0014306
County: Currituck
Amount Assessed: $4,808.82
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 (i.e., 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
Sandler Utilities at Mill Run L L C
Eagle Creek WWTP
PERMIT NO. WQ0014306
) WAIVER OF RIGHT TO AN
) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
)
) CASE NO. LM-2021-0025
Having been assessed civil penalties totaling $4,808.82 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 2, 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
Sandler Utilities at Mill Run L L C
CASE NUMBER: LM-2021-0025
PERMIT: WQ0014306
FACILITY: Eagle Creek WWTP
REGION: Washington
COUNTY: Currituck
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
Penalty
Amount
12/15/2020 12-2020 Coliform, Fecal MF, 2 X month #/100m1 25 2,420 9,580.0 Daily
MFC Broth, 44.5 C Maximum
Exceeded
$100.00
12/31/2020 12-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
2 X month #/100m1 14 2,420 17,185.7 Monthly
Geometric
Mean
Exceeded
$250.00
12/31/2020 12-2020 Solids, Total
Suspended
2 X month mg/I
5 8.9 78.0 Monthly
Average
Exceeded
$250.00
MONITORING VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr
Parameter
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
Penalty
Amount
12/31/2020 12-2020
BOD, 5-Day (20 Deg. 2 X month mg/I
C)
Frequency
Violation
$50.00
12/31/2020 12-2020 Coliform, Fecal MF,
MFC Broth, 44.5 C
2 X month #/100m1
Frequency
Violation
$50.00
12/31/2020 12-2020 Nitrogen, Ammonia 2 X month mg/I
Total (as N)
Frequency
Violation
$50.00
12/31/2020 12-2020 Nitrogen, Kjeldahl,
Total (as N)
2 X month mg/I
Frequency
Violation
$50.00
12/31/2020 12-2020 Nitrogen, Nitrate Total 2 X month mg/I
(as N)
Frequency
Violation
$50.00
12/31/2020 12-2020 Nitrogen, Total (as N) 2 X month mg/I
Frequency
Violation
$50.00
12/5/2020 12-2020 pH
5 X week
su
Frequency
Violation
$0.00
12/19/2020 12-2020 pH
5 X week
su
Frequency
Violation
$0.00
12/26/2020 12-2020 pH 5 X week su Frequency $0.00

Violation
12/31/2020 12-2020 Phosphorus, Total (as 2 X month mg/I Frequency
P) Violation
$50.00
12/31/2020 12-2020 Solids, Total
Suspended
2 X month mg/I
Frequency
Violation
$50.00
REPORTING VIOLATION(S)
SAMPLE LOCATION:
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/1 /2021 12-2020
Field -Site
Missing
$0.00
Other Violation(s):
Type of Violation Date Violation Description Penalty Amount
Permit conditions violation 12/16/2020 Facility did not meet fecal limits and did not transfer $0.00
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 $250.00
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 $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
effluent to high -rate pond as required in condition
III. 19 of the permit.
Permit conditions violation 12/24/2020 Facility did not meet fecal limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
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 limits and did not transfer $250.00
effluent to high -rate pond as required in condition
III. 19 of the permit.