WQ0014306_Remission (Request) Justification_20220406

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);
X (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:
According to the NC Rule it appears this does not constitute as an unauthorized bypass.

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
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PERMIT NO. WQ0014306 ) CASE NO. PC-2022-0016
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
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 6th day of April
2022
SIGNATURE
ADDRESS
448 Viking Dr. Suite 200
Virginia Beach, Virginia 23452
TELEPHONE
757-463-6026

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.