WQ0014306_CASE NO PC-2021-0036_20210817

4 11
SANDLER UTILI 1 WS AT MILL
August 17, 2021
Robert Tankard, Assistant Regional Supervisor
N. Water Quality Regional Operations Section
'iWashington Regional Office
Division of Water Resources, NCDEQ
Subject: Eagle Creek WWTP
Assessment of Civil Penalty
for Violations of the Reporting Requirements
Case No. PC-2021-0036
Permit No.CWQ.00-14306—i
Mr. Tankard,
UN, LLC
RECEIVED/NCDENR/DWR
AUG 19 2021
Water Quality
Regional Operations Section
Washington Regional Office
Eagle Creek WWTP appreciates the opportunity to respond to the Assessment of Civil Penalty
dated July 30, 2021. Please find enclosed our response regarding the submittal of the monthly
reports for November 2020. This letter shall serve as Eagle Creek WWTP response, and it is
our hope that the additional information provided will result in a remission of the assessed
penalties by the Division.
Report Period
November 2020 NDMR
November 2020 NDAR1
Due Date
12/30/2020
12/30/2020
Received Date
Missing
Missing
Days Late
Still Missing
Still Missing
"A Notice of Violation NOV-2021-PC-0237 was sent to you for failure to submit the November
2020 Non Discharge Monitoring Report (NDMR) and Non -Discharge Analysis Report
(NDAR1) no later than the thirtieth (30th) day following the reporting period. This notice was
received by you on 05/03/2021."
The November 2020 NDMR and NDAR were submitted late however they have been submitted
since May 4, 2021. Please find attached the Non -Discharge acceptance email for these reports in
May 2021. As soon as we received the violation (see attached) we submitted the reports. This
was a complete oversite however the reports were promptly submitted. These reports are also on
the states Laserfiche program.
448 Viking Drive, Suite 220, Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone] / Telefax 757-463-3358
122803269.1

August 17, 2021
Page 2
Sincerely
Brittney M. Willis, P.E.
Sincerely,
Brittney M. Willis - Project Manager
Sandler Utilities at Mill Run, LLC
Cc:
Envirolink
448 Viking Drive, Suite 220, Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone] / Telefax 757-463-3358
122803269.1

,r
•
Certified Mail # 7020 1810 0001 5981 2140
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-PC-0237
Permit No. WQ0014306
Eagle Creek WWTP
Currituck County
Dear Mr. Gottlieb:
A review of the November 2020 Non -Discharge Analysis Report (NDAR1) and Non -Discharge Monitoring Report
(NDMR) for the subject facility revealed the violation(s) indicated below:
Reporting Violation(s):
Sample
Location Parameter Date Type of Violation
1/30/2021 Late/Missing NDMR
1/30/2021 Late/Missing NDAR-1
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.
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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.
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,-
RoGtz T t44v 4
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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Rebecca Manning
From: [e-mail]
Sent: Tuesday, iMay 4, 2021 11'.23 AM]
To: Rebecca Manning
Subject: + WQ0014306 Monitoring. Report Accepted {]
The North Carolina Division of Water Resources, Non -Discharge Branch has received a document that you submitted on
5/3/2021.
Permit Number:7WQ0014306--- ` -
Document Type: Monitoring - 11-2020
Central and Regional Office staff will perform a detailed review of the provided document, and may contact you with a
request for additional information.
If you have any questions, please contact Kendall Williams at [e-mail].
Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1196041
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.
1

JUSTIFICATION FOR REMISSION REQUEST
Case Number: PC-2021-0036
Assessed Party: Sandler Utilities at Mill Run L L C
Permit No.: WQ0014306
County: Currituck
Amount Assessed: $558.82
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 ofFacts"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);
X (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:
The reports were submitted promptly after receiving the initial violation.
Please see attached documentation.

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. PC-.2021-0036
Having been assessed civil penalties totaling $558.82 for violation(s) as set forth -in the assessment document
of the Division of Water Resources dated July 30, 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 6th day of August
ADDRESS
448 Viking Drive Suite 200
2021
Virginia Beach, VA 23452
TELEPHONE
757-463-5000 ext 3388