WQ0014306_NOV-2022-PC-0010 NOI_20220110

ROY 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 [e-mail].
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