WQ0015052_OV-2021-0001_20211119

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Return Receipt Requested
William Galen Freed
113 Duck Woods Drive:
Kitty Hawk, North Carolina 27949
SUBJECT:
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May 14, 2021
Notice of Violation and Assessment of Civil Penalty.
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and Non -discharge Permit No. WQ0015052,
Enviro-Tech of North Carolina .Inc
Village atOcean:Hill WWTP
Case No: OV-2021,0001.
Currituck County
Dear Mr: Freed:
This letter transmits a Notice of Violation and assessment of civil penalty iin:the amount of $8,557.82
($8,500:00civill penalty:+ $57.82 enforcement costs) against Enviro-Tech of North Carolina Inc.
This assessment is based upon the following: facts: an inspection of the Village at Ocean Hill WWTP was
conducted on December 7; 2020. This inspection was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in Non -discharge Permit No. WQ0015052. This
inspectionhas shown thesubject facility to be in violation of the conditions and Limitations found in.
Non -discharge Permit No. WQ0015052: The violations found during the inspection aresummarized in
Attachment A to this letter.
Based upon the above facts, I. conclude as a: matter of law:that Enviro-Tech of North Carolina .Inc violated the
terms, conditions or requirements of Non -discharge Permit No. WQ0015052 and G.S. 143-215.1(a)(6) 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 assessed against any person who violates the terms, conditions or
requirements of a; permit required by G.S.:143-215.;1(a):
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Based uponthe above findings of fact and conclusions of law, andinaccordance with authority. provided by the
Secretaryof the Department of Environmental Quality and: the Director of the Division of Water Resources, I;
David: May, Regional Supervisor, Washington. Regional Office hereby make the following civil penalty
assessment against Enviro-Tech of North Carolina Inc:
$8,500.00 For 8 of. the 13 violations of the conditions and limitationsspecified in Permit No.
WQ0015052,
$8,500.00 TOTAL CIVIL PENALTY
$57.82 •Enforcement Costs
$8,557.82 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 priorrecord 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 writtenrequest 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 notinc/ude
waiver form), Payment of thepenalty will not foreclose furtherenforcement 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 forr such; request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as
theymay relate tothe reasonableness of the amountof the civil penalty assessed. Requesting: remission . .
isnot the proper procedure for contesting whether the violation(s) occurred or the accuracy of any ofthe
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 whyyou believe the civil penalty should be .
•
remitted, and submit it to the Division of Water Resources at theaddress listed below. In determining
whether a remission request willbe 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 notethat all :evidence presentedin 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 provisionfor further appeal of the.penaity 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 Riaht 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 administrativehearing with the Office of Administrative
Hearings:..
If you wish to contest any statement in the attached assessment document you-mustfiile 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 onpage one of thisletter) 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 resultin 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 beassessed 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 (252) 40 or via email [e-mail].
Sincerely,
David_May, Regional Supervisor
Water Quality. Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

JUSTIFICATION FOR REMISSION REQUEST
Case Number: OV-2021-0001
Assessed Party:. Enviro-Tech. of North Carolina .Inc
Permit No.: WQ0015052
County: Currituck
Amount Assessed:. • $8,557.82
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 anydocumentsthat 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 thecivil penalty
assessment document, Pursuant to N.C:G.S.: §.143B-282.1(c),. remission of a civil penaltymay be granted
only when oneor 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) werewrongfully
applied .to the detrimentof the petitioner. (the assessment factors are listed in the civi/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 theviolation and prevent future occurrences);
(c) the violation was inadvertent ora resift .of an accident (i.e., explain why the violation was
unavoidable or Something. you could not prevent or preparefor);
(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
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 OFCURRITUCK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Enviro-Tech of NorthCarolinaInc
Village at Ocean Hill WWTP
PERMIT NO:-WQ0015052
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND...
STIPULATION OF FACTS
CASE NO. OV-2021-0001
Having been assessed civil penalties totaling $8,557.82 for violation(s) asset forth in the assessment
document of the Division of Water Resources dated 05/14/2021, 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 noticeof assessment. No new evidence in
supportof 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
Enviro-Tech of North Carolina. Inc
CASE NUMBER: OV-2021-0001
PERMIT NO: WQ0015052
FACILITY:.,. Village at Ocean Hill WWTP
REGION: . Washington
COUNTY:' . Currituck
VIOLATION .
DATE •
AREA
VIOLATION • PENALTY
TYPE VIOLATION DESCRIPTION AMOUNT
12/7/2020.
ermit
Improper:operation:and . The. two 69 GPM pumps and the .
maintenance high-water alarmfor the EQ tank for. the.
100,000 GPD.plant was hot operational. .
This is a violation of permit condition 11.1:
and 111:1.
$0.00
Late renewal
Permit expired. on February'28, 2018.'
and has been expired for over 3 years
without resolution of, items heeded to
address renewal requirements by the
applicant. Complete permit renewal
application was required six months
Prior to perniit expiration.
$4; 000.00.
12/7/2020 ' 'Permit
12/7/2020 End Use -Infiltration
12/7/2020 .End Use -Infiltration
ORC Violation
The ORC John Pruitt was not
designated the ORC of Village'at Ocean,'
Hill WWTP and therefore' there was not
a designated ORC for the facility at the
time of inspection. This is a violation of
permit.condition 111.2.
Permit conditions. violation A record review ofNDMR and NDAR
:monitoring reports from 11/2019 to
10/2620 has found application rates on
August:2020 violated application_ rates
for the rapid infiltration area in:
Attachment B ofthe .permit. The facility
exceeded:the 'maximum allowable rate
of 8.2 gallons per square foot allowable
for any 20. consecutive days by
exceeding the 8.2 gallons,per square
foot 31 consecutive days. This is a
violation of permit condition 11.4 and
based on the calculated wetted area of
4600 square feet of the rapid infiltration
'area.
Permit conditions violation
$500.00
$500.00
A record review of NDMR and'NDAR
monitoringreports from 11/2019 to
10/2020 has found application rates on
July 2020 violated applicationrates for
the rapid infiltration area in Attachment B.
of the permit. The'facility exceeded the
. Maximum allowable.rate.of 8.2'gallons
per square'foot allowable'for,any 20
consecutive days by exceeding th'e 8.2. .
-gallons per square foot 31 consecutive
days. This,is a violation of permit
condition 11.4 and based on the
calculated wetted area of 4600 square ,
feet of the rapid infiltration area. •
$500.00

ATTACHMENT A
Enviro=Tech of North Carolina Inc
CASE NUMBER: OV-2021-0001
PERMIT NO: WQ0015052
FACILITY: Village at Ocean Hill WWTP
REGION: Washington
COUNTY:. Currituck
VIOLATION
DATE
AREA
VIOLATION PENALTY
TYPE • VIOLATION DESCRIPTION AMOUNT
12/7/2020 End Use -Infiltration Permit conditions violation A record review of NDMR and NDAR
monitoring reports from ,11/2019,to
10/2020 has found application rates on
June 2020 violated application rates for
the rapid infiltration area in Attachment B
of the permit. The facility exceeded the
maximum allowable rate of 8.2 gallons
per square foot allowable for any 20
consecutive days by exceeding the 8.2
gallons per square foot 30 consecutive
days. This is a violation of permit
condition 11.4 and based on the
calculated wetted area of 4600 square
feet of the rapid infiltration area.
$500.00
12/7/2020 . End Use -Infiltration
Permit conditions violation.
A record review of NDMR and NDAR
monitoring reports from 11/2019 to
10/2020 has found applicationrates on
September 2020 violated application
rates for the rapid infiltration area in
Attachment B of the permit. The facility .
exceeded the maximum allowable rate
of 8.2 gallons per square foot allowable
for any 20 consecutive days by
exceeding the 8.2 gallons per square
foot 21 consecutive days. This is a
violation of permit condition 11.4 and
based on the calculated wetted area of
4600 square feet of the rapid infiltration
area..
$500.00
12/7/2020 Permit
Unauthorized bypass
A 500-600-gallon-bypass as estimated
by the ORC was observed during the
inspection. This bypass was not
reported to the:Division or reported in
the.operation and maintenance log and
the ORC failed to clean up the: by-pass.
This is a violationof permitcondition
11.1, 11.4,.111.1, 111.11, IV.10,1V.11.b and
IV.11.c.
$0.00
12/7/2020 End Use -Infiltration
Violation detecte_ d during
inspection
The 516,000 square feet of
non -conjunctive green area and 12.1
acres of non -conjunctive spray area
described in the permit is non-existent.
The only disposal area is currently the
20,000 square foot conjunctive spray
which only has a 4600 square foot
wetted area. This is a violation of permit
condition 11.1 andI11.1.
$1•,000.00

ATTACHMENT A
Enviro-Tech of North Carolina Inc'
CASE NUMBER: OV-2021-0001
PERMIT NO: WQ0015052
FACILITY:. _ Village at Ocean Hill WWTP
REGION:.. Washington
COUNTY: Currituck
VIOLATION
DATE
AREA -.
VIOLATION. PENALTY
TYPE VIOLATION DESCRIPTION AMOUNT
12/7/2020 Screens
Violation detected during
The bar -screen does not have adequate
inspection spacing to prevent -some debris from
entering. the EQ tank. The bar -screen
needs to be replaced to accommodate
solids entering the WtNTP. This is a
violation of permit condition 11.1. and 11.2.
$0.00
12/7/2020 . Standby Power
:. Violation.detected:during
inspection
• The Emergenoy:Generator and Transfer.
- Switch is not operational. The Generator.
- and Transfer switch has not.been .
observed being operational since at
least 2017. This is a violation of permit
•condition 11.1, III:1 and 111.8.,_
$1.;000.00 .
12/7/2020 Record Keeping
12/7/2020: , Record Keeping
Violation detected during
inspection.
Violation detected during
inspection :
The majority of records were not present
for review at the time of the inspection
this included a copy of the permit,
NDMR reports and corresponding lab . .
data. The operations and maintenance
logs were also insufficient. When the
bypass Occurred on 12/02/2020 the_.
operator Made no mention of a bypass
in the operation and -maintenance logs.
This a violation of.permit condition IV.10,
IV.11.b:and IV.11.c .
• . There were no records available for
residuals.?his is a violation of permit
condition IV.9
$0.00
$0.00