WQ0004059_NOV-2022-PC-0029_20220124

DocuSign Envelope ID: 4112652C-346F-4ABF-825A-7B6C37EBB09D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 1290 0001 6718 3326
Return Receipt Requested
William T Smith
Sugarloaf Utility Inc
514 Daniels St
Suite 414
Raleigh, NC 27612
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NORTH CAROLINA
Environmental Quality
January 26, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-PC-0029
Permit No. WQ0004059
Atlantic Station WWTP
Carteret County
Dear Permittee:
The North Carolina Division of Water Resources conducted an inspection of the Atlantic Station WWTP on
January 19, 2022. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in Non -discharge Permit No. WQ0004059. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.
The Reconnaissance inspection was conducted by Division of Water Resources staff from the Wilmington
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
Treatment Advanced state of corrosion of many areas of the plant causing a safety hazard.
Treatment Bypass of tertiary filter from the east clarifier.
End Use -Infiltration Lack of maintenance of rotary distributer systems
Treatment Lack of maintenance of the EQ tank to ensure proper operation.
End Use -Infiltration Measures not taken to prevent effluent ponding in the infiltration sites.
End Use -Infiltration Monitoring wells not secured.
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
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DocuSign Envelope ID: 4112652C-346F-4ABF-825A-7B6C37EBB09D
Inspection Area Description of Violation
End Use -Infiltration MW-1A has not been installed to replace MW-1 as required in the current permit schedule.
End Use -Infiltration MW-3 and MW-1 have not been permanently abandoned as required in the current permit
schedule.
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.
Please respond in writing within ten (10) business days after receipt of this Notice regarding your
plans or measures to address the violations listed above. A review of your response will be considered
along with any additional information provided. 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.
If you should have any questions, please do not hesitate to contact Helen Perez with the Water Quality
Regional Operations Section in the Wilmington Regional Office at 910-796-7215.
Sincerely,
EDocuSigned by:
SOµ �acr► Oti
7F141E73B6F3456... for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
Dan Fortin — electronic copy
Upload to Laserfiche
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

DocuSign Envelope ID: 4112652C-346F-4ABF-825A-7B6C37EBB09D
Compliance Inspection Report
Permit: WQ0004059 Effective: 10/22/19 Expiration: 05/31/25 Owner : Sugarloaf Utility Inc
SOC: Effective: Expiration: Facility: Atlantic Station WWTP
County: Carteret 915 W Fort Macon Rd
Region: Wilmington
Atlantic Beach NC 28512
Contact Person: William T Smith Title: President Phone: [phone]
Directions to Facility:
From Wilmington travel north on US Highway 17 to NC 24 to NC58 to Atlantic Beach. Turn right onto Fort Macon Road. The faclity is
located on the southside of Fort Macon Road directly across from BoJangles Resturant
System Classifications: WW3.,
Primary ORC: Robert C Howard Certification: 996013 Phone: [phone]
Secondary ORC(s):
On -Site Representative(s):
On -site representative Daniel Edward Fortin 252-393-8720
Related Permits:
WQ0018525 Barnes Environmental Waste and Hauling Inc - Barnes Environmental RLAP
Inspection Date: 01/19/2022 Entry Time 09:45AM
Primary Inspector: Helen I Perez DocuSigned by:
Secondary Inspector(s):
1 D645B4A39694BE...
Tyler G Benson
5DocuSigned by:
fi _r btJAMVI,
Reason for Inspection: Follow-up 06DCAEM754468 ..
Permit Inspection Type: High Rate Infiltration
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Miscellaneous Questions Treatment
(See attachment summary)
Exit Time: 10:10AM
Phone: [phone]
Inspection Type: Reconnaissance
Page 1 of 3

DocuSign Envelope ID: 4112652C-346F-4ABF-825A-7B6C37EBB09D
Permit: WQ0004059 Owner - Facility: Sugarloaf Utility Inc
Inspection Date: 01/19/2022 Inspection Type : Reconnaissance Reason for Visit: Follow-up
Inspection Summary:
A reconnaissance inspection of the Atlantic Station WWTP was conducted on January 19, 2022. The purpose of the site
visit was to check the condition of the plant and infiltration fields since the last reconnaissance inspection on August 18,
2021. Dan Fortin and Robert Howard of Fortin Contract Service were present during the inspection.
The violations noted in both the May 18, 2021 routine inspection and the August 18, 2021 reconnaissance inspection have
not been address and the plant continues to be noncompliant. In addition, a written response regarding the plans or
measures to address the issues was not received by the Wilmington Regional Office.
A Notice of Violation and Intent to Assess Civil Penalty will be issued for the on -going violations listed below. A written
response is required within 10 days of your receipt of this NOV/NOI regarding your plans or measures to be taken to
address the issues.
1. Advanced state of corrosion of many areas of the plant causing a safety hazard.
2. Bypass of tertiary filter from the east clarifier.
3. Lack of maintenance of rotary distributer systems.
4. Lack of maintenance of the EQ tank to ensure proper operation.
5. Measures not taken to prevent effluent ponding in the infiltration sites.
6. Monitoring wells not secured.
MW 1A has not been installed to replace MW 1 as required in the current permit schedule.
MW 3 and MW 1 have not been permanently abandoned as required in the current permit schedule.
Page 2 of 3

DocuSign Envelope ID: 4112652C-346F-4ABF-825A-7B6C37EBB09D
Permit: WQ0004059 Owner - Facility: Sugarloaf Utility Inc
Inspection Date: 01/19/2022 Inspection Type : Reconnaissance
Reason for Visit: Follow-up
Type
Yes No NA NE
Reuse (Quality)
❑
Lagoon Spray, LR
❑
Single Family Spray, LR
❑
Activated Sludge Spray, LR
❑
Activated Sludge Spray, HR
❑
Recycle/Reuse
❑
Activated Sludge Drip, LR
❑
Single Family Drip
❑
Infiltration System
Treatment Yes No NA NE
Are Treatment facilities consistent with those outlined in the current permit? 0 ❑ ❑ ❑
Do all treatment units appear to be operational? (if no, note below.) ❑ 0 ❑ ❑
Comment: Inspection violations noted in the NOWNOI's issued on May 25, 2021 and on August 26, 2021
have not been addressed and no written response regarding plans or measures to address
the issues was received by the Wilmington Regional Office.
Page 3 of 3