WQ0014306_NOV-2010-PC-0834 2nd Attempt_20100710

Arc
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Aquifer Protection Section July 7, 2010
CERTIFIED MAIL MaKKAMOIMigiaa 7009 2250 0000 9252 4412
RETURN RECEIPT REQUESTED (SECOND ATTEMPT)
Mr. Nathan D. Benson, Manager
Sandler Utilities at Mill Run, LLC
448 Viking Drive Suite 220
Virginia Beach, Virginia 23452
Subject: Notice of Violation (NOV-2010-PC-0834/ Notice of Intent to Enforce
Eagle Creek Wastewater Treatment Plant
Permit No. WQ0014306
Currituck County
Dear Mr. Benson:
Permit No. WQ0014306 was issued by the Division on November 13, 2009 for the operation of the
wastewater treatment and disposal system serving the above referenced facility. During an
inspection on June 23, 2010, effluent from the wastewater treatment system was found to be
discharging to the irrigation pond. Water from the irrigation pond is subsequently irrigated on the golf
course. A review of the permit and a compliance inspection on June 23, 2010 of the facility showed
the following violation:
Violation 1: Failure to install instrumentation (recorders, flow meters, etc,) to accurately measure and
record wastewater disposed on the four different zones (fairways, greens, tees, and
driving range). The data produced from instrumentation shall include date and time of
irrigation of each zone, volume of wastewater irrigated, zone irrigated, length of irrigation,
and cumulative loadings. In accordance with Permit No. W00014306, Condition I. 1.,
the instrumentation was supposed to be installed within ninety days of permit issuance
(February 11, 2010).
Corrective Action for Violation 1: Provide and maintain instrumentation.
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX: [phone]
inmornar www nrwatornnafh, nrn
NorthCarolina
stormy

Page 2
Mr. Nathan D. Benson
July 7, 2010
Violation 2: Failure to install a weather station such that irrigation will shut off automatically during
inclement weather within ninety days of permit issuance (February 11, 2010) if the
irrigation is performed automatically or by a timing device in accordance with Permit No.
WQ0014306, Condition I.
Corrective Action for Violation 2: Provide and maintain weather station.
Violation 3: Failure to maintain and operate the wastewater treatment plant at all times in
accordance with Permit No. WQ0014306, Condition III. 1. The facility's valves which
determine whether the treated wastewater would go to the irrigation pond or to the
infiltration pond was connected to the control panel backwards. The valves were wired
such that wastewater that did not meet reclaimed water standards would go to the
irrigation pond for use in irrigation of the golf course.
Corrective Action for Violation 3: Correct valve operation such that when water quality does not
meet reclaimed standards then wastewater will flow to the infiltration pond.
Violation 4: Failure to provide signage describing the activities associated with the facility including
signs every 100 feet showing the activities being conducted, a sign at the golf course
club house (posted in plain sight) describing the activities and signage shall be provided
around the perimeter of the golf course to notify the residents that reclaimed water is
used to irrigate the golf course in accordance with Permit No. WQ0014306, Condition
III. 8. No signs were visible during the inspection.
Corrective Action for Violation 4: Provide and maintain signage in the appropriate areas.
Violation 5: Failure to maintain vegetative growth around the perimeter of the irrigation and
infiltration ponds. In accordance with Permit No. WQ0014306, Condition III. 16., trees,
shrubs and other woody vegetation shall not be allowed to grow on the earthen basin
dikes or embankments. The earthen basin embankment areas shall be kept mowed or
otherwise controlled and accessible. The earthen banks had woody vegetation on them
and were inaccessible.
Corrective Action for Violation 5: Mow the earthen basin embankment areas to make them
accessible.
Violation 6: In accordance with Permit No. WQ0014306, Condition Ili. 17., the wastewater that does
not meet fecal Coliform or turbidity limits shall be diverted to the infiltration pond. The
way the valves were wired, the wastewater would be allowed to go to the irrigation pond
instead of going to the infiltration pond.

Page, 3
Mr. Nathan D. Benson
July 7, 2010
Corrective Action for Violation 6: Correct valve operation such that when water quality does not
meet reclaimed standards then wastewater will flow to the infiltration pond.
Sandler Utilities and Mill Run, LLC remains responsible for ensuring all permit conditions are
satisfied. Please note, due to co -mingling of effluent with groundwater and surface water, water in
the irrigation pond is considered reclaimed treated wastewater. As such, correction action for
violations 1, 2, and 4 must be completed even if flow to the irrigation pond is restricted.
You are advised that "a civil penalty, in accordance with the maximums established by N.C.G.S. 143-
215.6(a)(2), may be assessed against a person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit." NCGS 143-215.6 further provides that "if any action or
failure to act is continuous, the Commission may assess a penalty for as long as the violation
continues."
Please provide a response within 15 days that includes how you prepare to resolve these issues or
have resolved these issues. Your response will be reviewed and if an enforcement action is still
deemed appropriate then you will be notified of the action. Additionally, please note that condition I.
Schedules 2. Require a new agreement between the Permittee and Mill Run Golf Course prior to
adding any wastewater flow from other sources to the facility. It is this office's understanding that a
new agreement has not been reached. As such, the facility is unable to receive flow from other
sources. If you have any questions regarding this Notice or need additional information, you may
contact Robert Tankard with this office at [phone].
Sincerely,
7t1, i ,,
7:
David L. May
Aquifer Protection Regional Supervisor
Washington Regional Office
Cc: WaRO File
APS LAPCU
Bill Freed, Envirotech Inc.
Buddy Lawrence, Mill Run Golf Course

Compliance Inspection Report
Permit: WQ0014306
SOC:
County: Currituck
Region: Washington
Effective: 11/13/09 Expiration: 09/30/14 Owner: Sandler Utilities at Mill Run LLC
Effective:
Expiration: Facility: Eagle Creek
289 Saint Andrews Rd
Moyock NC 27958
Contact Person: William Galen Freed Title: Phone: [phone]
Directions to Facility:
Beginning at the intersection of Hwy 168 and NCSR 1215 (Survey Rd) 2 miles south of the Moyock on the Currituck County Mainland,
proceed to the terminus of 1215 p15Itange to Eagle Creek Rd). At the terminus, tum left onto Greenview Rd. At the t
system Classifications:
PrimaryORC: wltiam Galen Freed Certification: 14856 Phone: [phone]
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 06/23/2010 Entry Time: 10:30 AM
Primary inspector: Robert B Tankard
Secondary inspector(s):
David L May
Reason for Inspection: Routine
Permit inspection Type: Reuse
Facility Status: 0 Compliant ® Not Compliant
Question Areas:
"1"Treatment Flow ® Treatment Flow
Measurement -Effluent Measurement -Influent
Exit Time: 12:30 PM
Phone: [phone]
Ext.233
Phone: [phone] Ext.357
Inspection Type: Compliance Evaluation
® Miscellaneous Question
® Treatment ® Treatment Barscreen ® Treatment Filters
In Treatment Activated Sludge® Treatment Sludge ® Treatment Clarifiers
Storage/Treatrnent
ill Treatment Flow
Measurement
® End Use -Infiltration
® Standby Power
(See attachment summary)
s ®Treatment Flow
Measurement -Water Use
Records
® Record Keeping
® Treatment Disinfection
Treatment Return pumps
End Use -Reuse
Page: 1

Permit: WO0014306 Owner - Facility: Sandler Utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The facility was inspected on June 23. The treatment plant was well maintained and appeared to be properly operated.
After the treatment plant inspection, an inspection of the irrigation facility was performed. Records showed that the
treated wastewater was going to the infiltration pond and the operator confirmed this. However, the golf course owner
had documentation that the treated wastewater was going to the irrigation pond. The golf course owner advised DWQ
that the golf course had no signage notifying the public that reclaimed water was being used at the golf course, no weater
station had been installed and that the irrigation instrumentation could not document the irrigation times for the individual
fields. After the inspection of the spray field, DWQ staff went back to the treatment facility to discuss the discharging of
treated wastewater to the irrigation pond when it was being reported discharging to the infiltration pond. Mr. Bill Freed
investigated the valve box and found that the air lines had been switched and flows were going opposite where he thought
flows were going to. DWQ staff confirmed that the flow was going to the irrigation pond and asked Mr. Freed to notify
DWQ when the valve system was corrected. Staff also suggested that maybe it would be wise to cap the irrigation pond
line until the facility could come into compliance with the instrumentation, weather station and signage that was required
for the golf course disposal site per the permit. It was also noted during the inspection that an agreement had not been
agreed upon between Mill Run Golf Course and Sandler Utilities at Mill Run, LLCfor the disposal of wastewater onto the
golf course.
Page: 2

Permit: W00014306 Owner - Facility: Sandler utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Type
Infiltration System
Lagoon Spray, LR
Activated Sludge Spray, LR
Single Family Spray, LR
Activated Sludge Spray, HR
Activated Sludge Drip, LR
-Single Family Drip
Recycle/Reuse
Reuse (Quality)
Treatment
Are Treatment facilities consistent with those outlined in the current permit?
Do all treatment units appear to be operational? (if no, note below.)
Comment:
Treatment Flow Measurement -Influent
Is flowmeter calibrated annually?
Is flowmeter operating properly?
Does flowmeter monitor continuously?
Does flowmeter record flow?
Does flowmeter appear to monitor accurately?
Comment:
Treatment Flow Measurement -Water Use Records
Is water use metered?
Are the daily average values properly calculated?
Comment:
Treatment Flow Measurement -Effluent
Is flowmeter calibrated annually?
Is flowmeter operating properly?
Does flowmeter monitor continuously?
Does flowmeter record flow?
Does flowmeter appear to monitor accurately?
Yes No NA NE
0
0
0
0
n
n
❑
❑
■
Yes No NA NE
■ ❑ ❑ ❑
■ ❑ O ❑
Yes No NA NE
❑ ❑■❑
O ❑ ■ ❑
❑ ❑NO
❑ ❑ ■ ❑
❑ ❑■❑
Yes No NA NE
O❑■❑
O 0120
Yes No NA NE
■ ❑ ❑ ❑
mOnn
■ ❑ ❑ ❑
O ❑ ❑ ❑
m 0 ❑ ❑
Page: 3

Permit: W00014306 Owner - Facility: Sandler Utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment:
Standby Power Yes No NA NE •
Is automatically activated standby power available? ® ❑ ❑ ❑
Is generator tested weekly by interrupting primary power source? ®❑ 0 ❑
Is generator operable? • ❑ ❑ ❑
Does generator have adequate fuel? 4❑ ❑ ❑
Comment:
Treatment Barscreen Yes No NA NE
Is it free of excessive debris? ® ❑ ❑ ❑
Is disposal of screenings in compliance? ❑ ❑ ❑ ■
Are the bars spaced properly? m ❑ ❑ ❑
Is the unit in good condition? - 11000
Comment:
Treatment Activated Sludge Yes No NA NE
Is the aeration mechanism operable? ■ ❑ ❑ ❑
Is the aeration basin thoroughly mixed? - 4000
Is the aeration equipment easily accessed? 4❑ ❑ ❑
Is Dissolved Oxygen adequate? ❑ ❑ ❑ ■
Are Settleometer results acceptable? ❑ ❑ ❑
Is activated sludge an acceptable color? 51000
Comment:
Treatment Clarifiers Yes No NA NE.
Are the weirs level? ® ❑ ❑ ❑
Are the weirs free of solids and algae? ®❑ ❑ ❑
Is the scum removal system operational? NODO
Is the scum removal system accessible? ■ ❑ ❑ ❑
Is the sludge blanket at an acceptable level? • 000.
Is the effluent from the clarifier free of excessive solids? MOOD
Comment:
Treatment Return pumps Yes No NA NE
Are they in place? ® ❑ ❑ ❑
Page: 4

Permit: W00014306 Owner - Facility: Sandler Utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation Reason for Visit: Routine
Are they operational? MOOD.
Comment:
Treatment Filters Yes No NA NE
Is the fitter media present? MOOD
Is the filter media the correct size and type? • 0 0 0
Is the air scour operational? 0 0 0
•
Is the scouring acceptable? 0 0 0
•
Is the clear well free of excessive solids? • 0 0 0
Is the mud well free of excessive solids and filter media? ®0 0 0
Does backwashing frequency appear adequate? 12000
Comment:
Treatment Sludge Storage/Treatment Yes No NA NE
Is the aeration operational? 1.000
Is the aeration pattern even? ■ 0 0 0
If required, are Sanitary "Ts" present in tankage? DOMO
Comment:
Treatment Disinfection Yes No NA NE
Is the system working? ®0 0 0
Do the fecal coliform results indicate proper disinfection? il• 0 0 0
Is there adequate detention time (>=30 minutes)? 0 0 ® 0
Is the system properly maintained? ®0 0 0
If gas, does the cylinder storage appear safe? 0 0 ® 0
Is the fan in the chlorine feed room and storage area operable? 0 0 ® 0
Is the chlorinator accessible? 00110
If tablets, are tablets present? 00.0
Are the tablets the proper size and type? 0 0 ■ 0
Is contact chamber free of sludge, solids, and growth? 0 0 ® 0
If UV, are extra UV bulbs available? 0 0 0 0
If UV, is the UV intensity adequate? ® 0 0 0
# Is it a dual feed system? ODND
Page: 5

Permit: WO0014306 Owner - Facility: Sandler Utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation Reason for Visit: Routine
Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? ❑ ❑ ® ❑
If yes, then is there a Risk Management Plan on site? ODEO
If yes, then what is the EPA twelve digit ID Number? (1000- - )
If yes, then when was the RMP last updated?
Comment:
Record Keeping Yes No NA NE
Is a copy of current permit available? ®❑ ❑ ❑
Are monitoring reports present NDMR? 1.000
NDAR? MODO
Are flow rates less than of permitted flow? • ® ❑ ❑ ❑
Are flow rates less than of permitted flow? ® n n n
Are application rates adhered to? MOOD
Is GW monitoring being conducted, if required (GW-59s submitted)? ■ -❑ ❑ ❑
Are all samples analyzed for all required parameters? ® ❑ ❑ ❑
Are there any 2L GW quality violations? 0000
Is GW-59A certification form completed for facility? m 0 ❑ ❑
Is effluent sampled for same parameters as GW? 1.000
Do effluent concentrations exceed GW standards? 0000
Are annual soil reports available? ❑ ❑ ® ❑
# Are PAN records required? ❑ ❑ m ❑
# Did last soil report indicate a need for lime? 00210
If so, has it been applied? ❑ ❑ m ❑
Are operational logs present? SOOD
Are lab sheets available for review? ®❑ ❑ ❑
Do lab sheets support data reported on NDMR? .1000
Do lab sheets support data reported on GW-59s? ❑ ❑ ❑ M
Are Operational and Maintenance records present? m ❑ ❑ ❑
Were Operational and Maintenance records complete? ❑ ❑ ❑
Has permittee been free of public complaints in last 12 months? m ❑ ❑ ❑
Is a copy of the SOC readily available? ❑ ❑ m ❑
Page: 6

Permit: W00014306 Owner - Facility: Sandler Utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation Reason for Visit: Routine
No treatment units bypassed since last inspection?
Comment: No known groundwater concems at this time.
End Use -Infiltration
# Is the application High Rate or Low Rate?
.000
Yes No NA NE
Low Rate
Are buffers maintained? a ❑ ❑ ❑
Are any supply wells within the CB? 0 ® 0 0
Are any supply wells within 250' of the CB? ❑ ® ❑ ❑
Is municipal water available in the area? ®❑ ❑ ❑
Are GW monitoring wells required? ®❑ ❑ ❑
Are GW monitoring wells located properly w/ respect to RB and CB? - 11000
Are GW monitoring wells properly constructed, including screened interval? ® ❑ ❑ ❑
Is a usable green area maintained? 00012
Is the disposal site acceptable? 0 ®• 0 0
Is the distribution equipment acceptable? ® ❑ ❑ ❑
Is the disposal site free of ponding? ❑ ❑ ® ❑
Is the disposal site free of breakout? .000
Are the disposal sites free of solids, algae, etc? ®❑ ❑ ❑
Do the records show that the fields are properly maintained? ® ❑ ❑ ❑
Are the disposal sites free of vegetation? 0.00
Do any surface water features appear to be adversely impacted by GW discharge? ❑ 0 0
No chemicals or rototiller used to eliminate vegetation, solids, algae, etc.? DOND
Comment: Permit requires dike walls to be free of woody vegetation. The dike walls
of the infiltration and irrigation ponds have not been mowed for some time.
End Use -Reuse Yes No NA NE
Is the acreage in the permit being utilized? 11 ❑ ❑ ❑
Does the acreage specified in the permit correspond to the measured acreage at the site? ONOD
Are all essential units provided in duplicate? ®❑ ❑ ❑
Is an automatically activated standby power source available? ® ❑ ❑ ❑
Is the equalization capacity adequate? ®❑ ❑ ❑
Is aerated flow equalization present? ® ❑ ❑
0
Has the turbid'Ry meter been calibrated in the last 12 months? ❑ ®❑ ❑
Page: 7

Permit: WO0014306 Owner - Facility: Sandler Utilities at Mill Run LLC
Inspection Date: 06/23/2010
Inspection Type: Compliance Evaluation Reason for Visit: Routine
Does the turbidity meter have recording capabilities? - ®❑ ❑ ❑
Is all flow diverted at the appropriate times? ❑ ❑ ❑ 0
!sail upset wastewater diverted from reuse storage unit? ❑ ❑ ❑
•
Is all upset wastewater treated, retreated, or disposed of acceptably? ❑ ❑ ❑
Is upset wastewater treated prior to discharge to irrigation storage? ❑ ❑ ❑
m
Is public access restricted from irrigation area during active site use? 11.000
If golf course, is a sign posted in plain sight on the club house? 0 • 0 0
Is the cover crop acceptable? ■ ❑ ❑ ❑
Are buffers adequate? ■ ❑ ❑
0
Is the site free of ponding/runoff? ■ ❑ ❑ ❑
Is the acreage in the permit being utilized? • ❑ ❑ ❑
Is the application equipment acceptable? 0 • 0 0
Is the application area free of limiting slopes? ® ❑ ❑ 0
How close is the closest water supply well? ❑ ❑ ❑
Are any supply wells within the CB? 0.100
Are any supply wells within 250' of the CB? ❑ ®❑ 0
Is municipal water available in the area? • 0 ❑ ❑
Are GW monitoring wells required? 0.00
Are GW monitoring wells located properly w/ respect to RB and CB? 0 0 ® 0
Are GW monitoring wells properly constructed, including screened interval? ❑ ❑ m ❑
Comment: Instrumentation has not been installed to record and report the length of
irrigation on the different zones. Also, irrigation occurs automatically during the twilight
hours and a weather station has not been installed. Treated wastewater.was observed
discharging into the irrigation pond on the day of the inspection. Also, no signs located
at the golf course.
Page: 8