WQ0014306_CASE NOS PC2021-0024, PC2021-0025, PC2021-0027_20210916

SA DLi R UTILITIES ;TI,IS AT MILL RU
September 7, 2021
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Subject: Sandler Utilities at Mill Run, LLC
Eagle Creek WWTP
Assessments of Civil Penalty
Case Nos. PC-2021-0024, PC-2021-0025, PC-2021-0027
Permit No. WQ0014306
Mr. Tankard,
L•LC
RECEIVED
SEp 13 202!
Cent all0 wc:
RECEIVED/NCDENR/DWR
SEP 1 6. 2021
Water Quality
Regional Operations Section
Washington Regional Office
Sandler Utilities at Mill Run, LLC ("Sandler Utilities") appreciates the opportunity to respond to the
Assessments of Civil Penalty dated July 30, 2021 and August 2, 2021 in the above -referenced case
numbers. This letter shall serve as Sandler Utilities' response, and it is our hope that the information
provided will result in a remission of the assessed penalties by the Division.
VIOLATION DESCRIPTION:
Facility did not meet fecal limits and did not transfer effluent to high -rate pond as required in condition
III. 19 of the permit.
For October and December 2020 and January 2021, the operator did transfer to the high -rate pond,
however, the operator failed to make the required call to the state.
VIOLATION DESCRIPTION:
October 2020 Field -Site Missing
December 2020 Field -Site Missing
These reports were submitted.
LIMIT EXCEEDANCE VIOLATIONS:
OCTOBER 2020:
Parameter Date
Coliform, Fecal MF, MFC Broth 10/29/2020
Solids, Total Suspended 10/29/2020
Coliform, Fecal MF, MFC Broth 10/31/2020
Solids, Total Suspended 10/31/2020
Limit Value
25
10
14
5
Reported Value Type of Violation
300 Daily Maximum Exceeded
14.6 Daily Maximum Exceeded
30 Monthly Geometric Mean Exceeded
7.3 Monthly Average Exceeded
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

September 7, 2021
Page 2
RESPONSE:
The collection system went totally down for over 14 days. This caused the plant to not receive any flow
for that period of time which impacted treatment significantly. The sample results at the end of October
were due to the food to mass ratio being inhibited due to the collection system failure.
DECEMBER 2020:
Parameter
Coliform, Fecal MF, MFC Broth
Coliform, Fecal MF, MFC Broth
Solids, Total Suspended
JANUARY 2021:
Parameter
BOD, 5-Day (20 Deg. C)
Coliform, Fecal MF, MFC Broth
Nitrogen, Ammonia Total
Solids, Total Suspended
Coliform, Fecal MF, MFC Broth
Nitrogen, Ammonia Total
BOD, 5-Day (20 Deg. C)
Coliform, Fecal MF, MFC Broth
Nitrogen, Ammonia Total
Solids, Total Suspended
Date Limit Value
12/15/2020 25
12/31/2020 14
12/31/2020 5
Date Limit Value
1/21/2021 15
1/21/2021 25
1/21/2021 6
1/21/2021 10
1/28/2021 25
.1/28/2021 6
1/31/2021 10
1/31/2021 14
1/31/2021 4
1/31/2021 5
Reported Value Type of Violation
2,420 Daily Maximum Exceeded
2,420 Monthly Geometric Mean Exceeded
8.9 Monthly Average Exceeded
Reported Value Type of Violation
30 Daily Maximum Exceeded
2,420 Daily Maximum Exceeded
17.5 Daily Maximum Exceeded
12 Daily Maximum Exceeded
2,420 Daily Maximum Exceeded
14.8 Daily Maximum Exceeded
19 Monthly Average Exceeded
2,420 Monthly Geometric Mean Exceeded
16.15 Monthly Average Exceeded
8 Monthly Average Exceeded
RESPONSE:
December and January:
The stabilizer pipe from the aeration basin to the clarifier became clogged and did not allow flow from
the aeration basin to the clarifier. This caused solids to build up in the aeration and treatment to become
almost non-existent. The line has been jetted and that cleared the blockage so that the plant would
equalize.
MONITORING VIOLATIONS:
OCTOBER 2020:
Missing Parameter
Turbidity, HCH Turbidmeter
Date
10/31/2020
Operator failed to list continuous turbidity.
DECEMBER 2020:
Missing Parameter
pH
BOD, 5-Day
Coliform, Fecal MF
Nitrogen, Ammonia Total
Nitrogen, Kjeldahl, Total
Nitrogen, Nitrate Total
Date
12/26/2020
12/31/2020
12/31/2020
12/31/2020
12/31/2020
12/31/2020
Frequency
Continuous
Frequency
5 X week
2 X month
2 X month
2 X month
2 X month
2 X month
Type of Violation
Frequency Violation
Type of Violation
Frequency Violation
Frequency Violation
Frequency Violation
Frequency Violation
Frequency Violation
Frequency Violation
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

September 7, 2021
Page 3
Nitrogen, Total
Phosphorus, Total
Solids, Total Suspended
12/31/2020 2 X month
12/31/2020 2 X month
12/31/2020 2 X month
RESPONSE:
Operator failed to sample the second set of samples for the month.
Frequency Violation
Frequency Violation
Frequency Violation
REPORTS THAT HAVE BEEN REVISED AND RE -SUBMITTED:
Missing Parameter Date Frequency Type of Violation
pH (00400) 12/5/2020 5 X week Frequency Violation
pH (00400) 12/19/2020 5 X week Frequency Violation
Missing Parameter Date Frequency Type of Violation
pH (00400) 1/9/2021 5 X week Frequency Violation
pH (00400) 1/16/2021 5 X week Frequency Violation
Sandler Utilities is committed to operating this system in a responsible manner. When Sandler Utilities
became aware of these issues, it immediately required more monitoring and feedback from the
operator. The staffing at Eagle Creek has been increased since the time these violations occurred and
there has been a commensurate improvement in operations and compliance.
As DWR is no doubt aware, Sandler Utilities has expended substantial resources in improving the
wastewater collection and treatment systems at Eagle Creek (more than $530,000 since September
2020). Without the prospect of recouping these expenditures, Sandler Utilities has invested significant
time and resources at Eagle Creek. The extent of the work performed (and to be performed) and
progress in staffing and operations are well understood to DWR.
Sandler Utilities has limited resources and has nonetheless invested heavily at Eagle Creek to improve
the operations for the customers and to comply with environmental mandates. Sandler Utilities will
continue to invest as it continues to update and improve the existing system, even though transfer to
another owner is in process. In light of Sandler Utilities' limited resources, it is in both the State's and
the customers' interest to allow for Sandler Utilities' resources to be invested in the Eagle Creek system
rather than payment of civil penalties. Accordingly, Sandler Utilities respectfully requests that the civil
penalties are entirely waived.
Sincerely,
Brittney M. Willis, P.E. — 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

September 7, 2021
Page 4
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

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-2021-0024
Having been assessed civil penalties totaling $1,108.82 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 1 ih day of t5 e frteon bets , 20 al
VZAVREco6
ADDRESS
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TELEPHONE
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2021-0024
Assessed Party: Sandler Utilities at Mill Run L L C
Permit No.: WQ0014306
County: Currituck
Amount Assessed: $1,108.82
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);
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:

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
epie ►m',C
ADDRESS
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Si1NOL�YS k_-ClL1-ClCSSn1LL-j\u1N,t-L-C.
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TELEPHONE
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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);
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 pet forming 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-2021-0027
Having been assessed civil penalties totaling $6,658.82 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 02. 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 Sq3rt-f'_1i1 f'
ADDRESS
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SIGNATURE
Nvtix n; U v 1 t , UNN) LL-c
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TELEPHONE
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2021-0027
Assessed Party: Sandler Utilities at Mill Run L L C
Permit No.: WQ0014306
County: Currituck
Amount Assessed: $6,658.82
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);
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: