Loading...
HomeMy WebLinkAboutWQ0014306_NOV-2022-PC-0010 NOI_20220110ROY COOPER Governor ELIZABETH 5. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7021 1970 0001 1325 0629 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 January 10, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-PC-0010 Permit No. WQ0014306 Eagle Creek WWTP Currituck County Dear Mr. Gottlieb: On 12/10/2021 Paul Mays and Randy Sipe from the Division of Water Resources visited Eagle Creek WWTP and the surrounding area of the plant due to complaints of the systems collection system. After responding to the complaint Paul Mays and Randy Sipe visited the wastewater facility itself. The area around the facility still appeared to be heavily saturated with water and after investigating the area it was found that there was another unauthorized bypass from the exact same area as the last visit. The area behind the plant was still so saturated with water that quicksand like condition prevented anyone from walking behind the plant to the area of the bypass itself. The pondlike body of water was still observed in the same area as last visit. Later at 3:40pm on 12/10/2021 Noah Deckard informed WARO that he estimated the bypass volume was 500 gallons, the incident lasted roughly 3 hours and the bypass had been fixed. Violation(s): Discharged to Incident Location Estimated Quantity Surface Water? Date Number Type of Violation Tertiary Filter 500 gallons No 12/10/2021 202102276 Unauthorized Bypass 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. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 22889 252.946,6481 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. Pursuant to Permit Condition 1 in Section II, the Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water generation, reclaimed water utilization, and high -rate infiltration facilities. [15A NCAC 02T .0108(b)(1)(A)] Pursuant to Permit Condition 14 in Section III, The Permittee shall prohibit public access to the wastewater treatment and storage facilities, and infiltration facilities. [15A NCAC 02T .0705(p), 02U .0402(e)] 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, Vaxitil, A David May, Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Dlvlsion of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 77.5139 252.946.648i