WQ0014306_CASE-2022-PC-0007 and 0016 Remission (Request)_20220406

SANDLER UTILITIES AT MILL RUN, LLC
April 6, 2022
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Subject: Sandler Utilities at Mill Run, LLC
Eagle Creek WWTP
Permit No. WQ0014306
Penalty Assessment:
CASE-2022-PC-0007
CASE-2022-PC-0016
Mr. Tankard,
Sandler Utilities at Mill Run, LLC ("Sandler Utilities") appreciates the opportunity to respond to the
Assessments of Civil Penalty dated March 8, 2022, in the below -referenced violations. This letter shall
serve as Sandler Utilities' response, and it is our hope that the information provided will result in a
remission of the assessed penalties by the Division.
Violation(s):
Discharged to Incident
Location Estimated Quantity Surface Water Date Type of Violation
Tertiary Filter 800 gallons No 11/29/2021 Unauthorized Bypass
Tertiary Filter 500 gallons No 12/10/2021 Unauthorized Bypass
According to the NC Rule it appears this does not constitute as an unauthorized bypass. As stated in the
original NOV response the water in the sand filter reached the level of the overflow pipe; this pipe feeds
to a lift station in which feeds back to the head of the plant. The lift station could not keep up and
overflowed within the confines of the treatment facility; it did not leave the fenced area and did not
reach receiving waters.
The plug in the overflow pipe was replaced, and a new pump was installed in the filter system. Since
completion there has not been another occurrence and is checked on a daily basis for proper operation.
A bypass by NC rules is an intentional act to divert flow from a treatment process by an individual. This is
part of the process, and the lift station just could not keep up, therefore this was not an intentional act.
Sandler Utilities will continue to invest as it works with our operators to prioritize updates and
improvements to the existing system. We feel it is in both the State's and the customers' interest to
allow for Sandler Utilities' resources to be invested in Eagle Creek system improvements rather than
payment of civil penalties. Accordingly, Sandler Utilities respectfully requests that the civil penalties are
entirely waived.
448 Viking Drive, Suite 220, Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone] / Telefax 757-463-3358

April 6, 2022
Page 2
Sincerely,
Brittney M. Willis, P.E. — Project Manager
Sandler Utilities at Mill Run, LLC
Cc:
Envirolink
448 Viking Drive, Suite 220, Virginia Beach, Virginia 23452
Mailing Address: Post Office Box 8790, Virginia Beach, Virginia 23450
Telephone [phone] / Telefax 757-463-3358