WQ0014306_PC-2022-0016 CPA_20220308

- CIVIL PENALTY ASSESSMENT
Violator: Sandler Utilities at Mill Run LLC
Facility Name: Eagle Creek WWTP
Permit Number: W00014306
County: Currituck
Case Number: PC-2022-0016
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.
Conditions had not improved since the previous visit on November 29, 2021.
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
3/7/2022 Rattil Te.4,14,04(
Date
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 3732
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 08, 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-2022-0016
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 December 10, 2021 and observed wastewater bypassing the
tertiary filter via the mud well and flowing onto the ground just as was observed during the previous visit on
November 29, 2021. Also, just as during the previous visit, saturated ground and ponding were observed in area
of the plant as a result of the bypass. 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: [phone]
Fax: [phone]
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 [phone] or via email at [e-mail].
Sincerely,
Z4 L4 Te.4•144.44
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-2022-0016
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 (Le.,
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-2022-0016
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 8, 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-2022-0016
PERMIT NO: WQ0014306
FACILITY: Eagle Creek WWTP
REGION: Washington
COUNTY: Currituck
VIOLATION
DATE
AREA
VIOLATION
TYPE
VIOLATION DESCRIPTION
PENALTY
AMOUNT
12/10/21
Treatment Unauthorized Bypass Personnel from the Washington Regional $1,000.00
Office of the Division of Water Resources visited
the Eagle Creek WWTP on December 10,2021
and observed wastewater bypassing the tertiary filter
via the mud well and flowing onto the ground
just as was observed during the previous visit
on November 29, 2021. Also, just as during the
previous visit, saturated ground and ponding were
observed in the area of the plant as result of the
bypass.