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HomeMy WebLinkAboutWQ0014306_PC-2022-0007 CPA_20220304- CIVIL PENALTY ASSESSMENT Violator: Sandler Utilities at Mill Run LLC Facility Name: Eagle Creek WWTP Permit Number: W00014306 County: Currituck Case Number: PC-2022-0007 ASSESSMENT FACTORS 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; Unknown, Based on observations made during the site visit, it appears the bypass had been occurring for some time, possibly resulting in adverse impacts surface water and groundwater. 2) The duration and gravity of the violation; Significant, Based on observations made during the site visit, it appears the bypass had been occurring for some time. 3) The effect on ground or surface water quantity or quality or on air quality; Unknown, The continued nature of the bypass may have resulted in adverse impacts to surface water and groundwater quality. 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; Significant, Saved costs would be associated with the continued lack of proper operation and maintenance of the WWTP. 6) Whether the violation was committed willfully or intentionally; Unknown The permittee has not been investing in the maintenance of the WWTP despite a continued record of non- compliance over the last two years and the operator is not managing the WWTP as required. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The WWTP has been chronically out of compliance for the last two years and the associated collection system has been under a Consent Judgement since July 2021 as a result continued noncompliance. 8) The cost to the State of the enforcement procedures. $46.35 3/4/2022 Date g4144 Te.4441 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail 7021 0350 0000 4418 3725 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 March 04, 2022 SUBJECT: 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. WQ0014306 Sandler Utilities at Mill Run LLC Eagle Creek WWTP Case No. PC-2022-0007 Currituck County Dear Mr. Gottlieb: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,046.35 ($1,000.00 civil penalty + $46.35 enforcement costs) against Sandler Utilities at Mill Run LLC. This assessment is based upon the following facts: Personnel from the Washington Regional Office of the Division of Water Resources visited the Eagle Creek WWTP on November 29, 2021 and observed wastewater bypassing the tertiary filter via the mud well and flowing onto the ground in the area of the plant to the extent that the ground was saturated. The bypass was also feeding what appeared to be a small pond - like body of water behind the plant. These observations have shown the subject facility to be in violation of the conditions and limitations found in Non -discharge Permit No. WQ0014306. The violations found during the inspection are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Sandler Utilities at Mill Run LLC violated the terms, conditions or requirements of Non -discharge Permit No. WQ0014306 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 be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Robert Tankard, Assistant Regional Supervisor, Washington Regional Office hereby make the following civil penalty assessment against Sandler Utilities at Mill Run LLC: $1,000.00 For 1 of the 1 violations of the conditions and limitations specified in Permit No. WQ0014306. $1,000.00 TOTAL CIVIL PENALTY $46.35 Enforcement Costs $1,046.35 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 prior record 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 written request 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 not include waiver form). Payment of the penalty will not foreclose further enforcement 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 for such request: 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 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 why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be 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 note that all evidence presented in 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 provision for further appeal of the penalty 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 Right 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 administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document, you must file 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: (919) 431-3000 Fax: (919) 431-3100 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 on page one of this letter) 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 result in 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 be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Randy Sipe with the Division of Water Resources staff of the Washington Regional Office at (252)948-3849 or via email at randy.sipe@ncdenr.gov. Sincerely, Raka T444444 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: PC-2022-0007 Assessed Party: Sandler Utilities at Mill Run LLC Permit No.: WQ0014306 County: Currituck Amount Assessed: $1,046.35 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 any documents that 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 the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or 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) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil 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 the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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 (i.e., 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 OF CURRITUCK IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Sandler Utilities at Mill Run LLC Eagle Creek WWTP PERMIT NO. WQ0014306 ) WAIVER OF RIGHT TO AN ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS ) ) ) ) CASE NO. PC-2022-0007 Having been assessed civil penalties totaling $1,046.35 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 4, 2022, 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 notice of assessment. No new evidence in support of 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 Sandler Utilities at Mill Run LLC CASE NUMBER: PC-2022-0007 PERMIT NO: WQ0014306 FACILITY: Eagle Creek WWTP REGION: Washington COUNTY: Currituck VIOLATION DATE AREA VIOLATION TYPE VIOLATION DESCRIPTION PENALTY AMOUNT 11/29/21 Treatment Unauthorized Bypass Personnel from the Washington Regional $1,000.00 Office of the Division of Water Resources visited the Eagle Creek WWTP on November 29,2021 and observed wastewater bypassing the tertiary filter via the mud well and flowing onto the ground in the area of the plant to the extent that the ground was saturated. The bypass was also feeding what appeared to be a small pond - like body of water behind the plant.