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Home My WebLink AboutWQ0014306_NOV-2021-LV-0750_20211013ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7021 0950 0001 1028 5111 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-0750 Permit No. WQ0014306 Eagle Creek WWTP Currituck County Dear Mr. Gottlieb: A review of the June 2021 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 Coliform, Fecal MF, MFC Broth, 6/16/2021 25 2,420 Daily Maximum Exceeded 44.5 C (31616) 001 Nitrogen, Ammonia Total (as 6/16/2021 6 10.3 Daily Maximum Exceeded N) (00610) 001 Nitrogen, Ammonia Total (as 6/24/2021 6 18.7 Daily Maximum Exceeded N) (00610) 001 Coliform, Fecal MF, MFC Broth, 6/30/2021 14 49.19 Monthly Geometric Mean Exceeded 44.5 C (31616) 001 Nitrogen, Ammonia Total (as 6/30/2021 4 14.5 Monthly Average Exceeded N) (00610) 001 Solids, Total Suspended 6/30/2021 5 7.65 Monthly Average Exceeded (00530) D_E 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 002 Nitrogen, Ammonia Total (as 6/30/2021 4 19.8 Monthly Average Exceeded N) (00610) Other Violation(s): Type of Violation Date Violation Description Permit conditions violation 6/1/2021 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 6/2/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III, 21 of the permit. Permit conditions violation 6/3/2021 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 6/4/2021 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 6/5/2021 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 6/6/2021 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 6/7/2021 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 6/8/2021 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 6/9/2021 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 6/10/2021 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 6/11/2021 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 6/12/2021 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 6/13/2021 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 6/14/2021 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 6/15/2021 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 6/16/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III, 21 of the permit. Permit conditions violation 6/17/2021 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 6/18/2021 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 6/19/2021 Facility did not meet fecal limits and did not transfer effluent to high rate LD_E North Carolina Department of Environmental Quality I DIvlsEon of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 275139 252.946.6481 pond as required in condition III, 21 of the permit. Permit conditions violation 6/20/2021 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 6/21/2021 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 6/22/2021 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 6/23/2021 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. 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 paul.mays@ncdenr.gov. Cc: Laserfiche Sincerely, RQIva Te.4-444 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ tD_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