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Home My WebLink AboutWQ0014306_NOV-2022-LV-0254 NOI_20220418ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail 7021 2720 0001 5875 5220 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 April 18, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0254 Permit No. WQ0014306 Eagle Creek WWTP Currituck County Dear Mr. Gottlieb: A review of the November 2021 Non -Discharge Monitoring Report (NDMR) and Ground Water Monitoring Report (GW59) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 BOD, 5-Day (20 Deg. C) 11/24/2021 15 342 Daily Maximum Exceeded (00310) 001 Solids, Total Suspended 11/24/2021 10 91.4 Daily Maximum Exceeded (00530) 001 BOD, 5-Day (20 Deg. C) 11/30/2021 10 173 Monthly Average Exceeded (00310) 001 Solids, Total Suspended 11/30/2021 5 47.35 Monthly Average Exceeded (00530) MW-2 Nitrogen, Ammonia Total (as 11/30/2021 1,500 5,300 Limit Exceeded N) (00610) D_E North Carolina Department of Environmental Quality 1 Division of Water Resources Washington Regional Office 1 943 Washington Square Mali Washington. North Carolina 27889 252.94e.8481 Reporting Violation(s): Sample Location Parameter Date Type of Violation 001 Carbon, Tot Organic (TOC) (00680) 11/30/2021 Parameter Missing Other Violation(s): Type of Violation Date Violation Description Permit conditions violation 11/1/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/2/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/3/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/4/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/5/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/6/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/7/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/8/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/9/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/10/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/11/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/12/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/13/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit D_E North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mali I Washington. North Carolina 27889 252.946.6461 Other Violation(s): Type of Violation Date Violation Description Permit conditions violation 11/14/2021 Facility did not meet fecal limits and pond as required in condition III.21 did not transfer effluent to high rate of the permit Permit conditions violation 11/15/2021 Facility did not meet fecal limits and pond as required in condition III.21 did not transfer effluent to high rate of the permit Permit conditions violation 11/16/2021 Facility did not meet fecal limits and pond as required in condition III.21 did not transfer effluent to high rate of the permit Permit conditions violation 11/17/2021 Facility did not meet fecal limits and pond as required in condition III.21 did not transfer effluent to high rate of the permit Permit conditions violation 11/18/2021 Facility did not meet fecal limits and pond as required in condition III.21 did not transfer effluent to high rate of the permit Permit conditions violation 11/19/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/20/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/21/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/22/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit Permit conditions violation 11/23/2021 Facility did not meet fecal limits and did not transfer effluent to high rate pond as required in condition III.21 of the permit A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) calendar days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. D_E North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mali I Washington. North Carolina 27889 252.946.6461 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions concerning this matter, please contact Robert Tankard at (252) 948-3921 or Randy Sipe at (252) 948-3849. Cc: Laserfiche Sincerely, RQdyt Te.4.4441 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ D_E _ North Carolina Department of Environmental Quality 1 Division of Water Resources Washington Regional Office 1 943 Washington Square Mali Washington. North Carolina 27889 252.94R.8481