WQ0014306_NOV-2021-LV-0746_20211013

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7021 0950 0001 1028 5074
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
October 13, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0746
Permit No. WQ0014306
Eagle Creek WWTP
Currituck County
Dear Mr. Gottlieb:
A review of the March 2021 Ground Water Monitoring Report (GW59) and Non -Discharge Monitoring Report
(NDMR) 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 Turbidity, HCH Turbidimiter 3/5/2021 10 10.13 Daily Maximum Exceeded
(00076)
001 Turbidity, HCH Turbidimiter 3/6/2021 10 11.47 Daily Maximum Exceeded
(00076)
001 BOD, 5-Day (20 Deg. C) 3/10/2021 15 17 Daily Maximum Exceeded
(00310)
001 Coliform, Fecal MF, MFC Broth, 3/10/2021 25 272 Daily Maximum Exceeded
44.5 C (31616)
001 Nitrogen, Ammonia Total (as 3/10/2021 6 43.9 Daily Maximum Exceeded
N) (00610)
001 Solids, Total Suspended 3/10/2021 10 21.2 Daily Maximum Exceeded
(00530)
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

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Nitrogen, Ammonia Total (as 3/17/2021 6 44 Daily Maximum Exceeded
N) (00610)
001 BOD, 5-Day (20 Deg. C) 3/31/2021 10 15.5 Monthly Average Exceeded
(00310)
001 Coliform, Fecal MF, MFC Broth, 3/31/2021 14 63.87 Monthly Geometric Mean Exceeded
44.5 C (31616)
001 Nitrogen, Ammonia Total (as 3/31/2021 4 43.95 Monthly Average Exceeded
N) (00610)
001 Solids, Total Suspended 3/31/2021 5 13.9 Monthly Average Exceeded
(00530)
002 Coliform, Fecal MF, MFC Broth, 3/31/2021 200 420 Monthly Geometric Mean Exceeded
44.5 C (31616)
002 Nitrogen, Ammonia Total (as 3/31/2021 4 44.4 Monthly Average Exceeded
N) (00610)
MW-1 Nitrogen, Ammonia Total (as 3/31/2021 1,500 6,100 Limit Exceeded
N) (00610)
MW-1 Solids, Total Dissolved- 180 3/31/2021 500 503 Limit Exceeded
Deg.0 (70300)
MW-2 Nitrogen, Ammonia Total (as 3/31/2021 1,500 6,900 Limit Exceeded
N) (00610)
Reporting Violation(s):
Sample
Location Parameter Date Type of Violation
001 Carbon, Tot Organic (TOC) (00680) 3/31/2021 Parameter Missing
001 Solids, Total Dissolved (70295)
3/31/2021 Parameter Missing
002 BOD, 5-Day (20 Deg. C) (00310) 3/31/2021 Parameter Missing
002 Flow, in conduit or thru treatment plant 3/31/2021 Parameter Missing
(50050)
002 Nitrogen, Kjeldahl, Total (as N) (00625) 3/31/2021 Parameter Missing
002 Nitrogen, Total (as N) (00600)
3/31/2021 Parameter Missing
002 Solids, Total Suspended (00530) 3/31/2021 Parameter Missing
Other Violation(s):
Permit conditions violation 3/1/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/2/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 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 27569
252.946.6481

Permit conditions violation 3/3/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/4/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/5/2021 Facility did not meet fecal limits or turbidity limits and did not transfer
effluent to high rate pond as required in condition III, 21 of the permit.
Permit conditions violation 3/6/2021 Facility did not meet fecal limits or turbidity limits and did not transfer
effluent to high rate pond as required in condition III, 21 of the permit.
Permit conditions violation 3/7/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/8/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/9/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/10/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/11/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/12/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/13/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/14/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/15/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 of the permit.
Permit conditions violation 3/16/2021 Facility did not meet fecal limits and did not transfer effluent to high rate
pond as required in condition III, 21 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.
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

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 15 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,
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